Pros And Cons Of Supreme Court Flawed

The position of the Supreme Court in American society is quite simple: to interpret the Constitution and settle case disputes with the limitations that are binded by our law. While one perspective of the debate states that the court is unbending in their ability to make policy, while the other claims that the court breaks free from these limitations that are binded by our law and are politically dynamic in nature.These are known as The dynamic court and the constrained court are two alternative constructions of the role of U.S. courts in producing significant social reform (Rosenberg, 1991). The balance of these two views rely on the interaction between doctrinal,

“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and

The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

This book emphasizes the alternative interpretations offered by Americans on the origins of the Constitution. Holton’s purpose with this book was to show that the framers interests involved making America more attractive to investors. In order to do so, they purposefully made the government less democratic with the writing of the Constitution. However, with the addition of the Bill of Rights, one could argue the Framers had at least a slight concern for the American people and their civil liberties.

The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose

In modern America, many citizens hold to the notion that the Constitution was adopted unanimously, without debate or disagreement. Not only is this not the case, the debate and disagreement that took place during the institution of the governing articles for the newly formed country are ultimately responsible for the system we have in place today as the concerns and counterpoints raised in the discussion were more crucial to the successful continuance of stability in the nation than any unanimous decision. Given the apparent import of such discussion, it is therefore prudent to examine the original points of contention to determine their merit and to further ensure that the concerns originally raised have been addressed sufficiently.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

Currie, D. (1992), the Constitution in the Supreme Court: The First Hundred Years, 1789-1988, Pges152-155 (Univ. of Chicago).

Discuss the view that the power of the Supreme Court cannot be justified in a

There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the

The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.

The question posed by both Madison and the Framers in the 85 “Federalist Papers” and Dahl in his book How Democratic is the American Constitution? is how effective the Constitution is at promoting the ideals of a democracy. For Dahl, there are several issues surrounding the Constitution, from its drafting, to its ideology, to its relevance. By analyzing Dahl’s critiques of the Constitution in terms of the parallels that exist between factions and the two-party system, the issue of unequal representation, and the necessity for the Framers to compromise on their ideals to ratify the Constitution, Dahl defined a clear argument based in his general disapproval for the Constitution. However, by combining Dahl’s critiques with potential rebuttals from the opinions and perspectives of Madison and his fellow Federalists, it is evident that both Dahl and the Framers believed that if the constitution was completely successful, then the lives of the American people would be enhanced. While Dahl believed that the Constitution, ultimately, has not fully protected the rights of all persons, he, like the Framers, focused on the particulars of government that must be improved such that the American life is bettered.

The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.

Our democratic system was made by the Framers to “set up a series of barriers to direct citizen participation in the selection of our leaders. “Examples of these barriers are the Electoral College for selecting the president and presidential appointment of judges.” The reasons for these barriers was the keep the people from having complete direct participation in choosing the President and members of the judiciary, because the population(usually less wealthy and less educated) would have total power over laws. There are positives and negatives of these “barriers.”