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Supreme Court Judgements

Decent Essays

The complex structure of the Supreme Court, the highest tribunal for cases and controversies proceed under the Constitution or laws of the nation, does not display a democratic practice. The justices are staffed with lifetime appointments by the president and the Senate seconds the nominee. However, the President and the Senate is undemocratic when it comes to confirming the judge. For instance, the million population votes of Californians is not proportional with he hundred thousand population votes of Alaskans. The divergent ratio between the Californians and the Alaskans is not the best representation of a majority rule. As for the President, the one elected officeholder whose the supporters is the whole nation, the judges are appointed …show more content…

Madison case. The judicial review allows the Supreme Court to strike down any acts that are not explicit in text of the Constitution, allowing the court to have the power to determine laws, treaties, and actions are constitutional or not. Since the judges are appointed for life, they based their decision constitutionally rather than political terms, exempting them from liability of error in their judgements. The lack of necessary resources to find the specific facts, and the lack of relevant knowledge upon what action should be executed reduces the power to confront a general social issue or make indirect discriminations that a legislature frequently conducts. An example of the court fail to comply with the people is the Schneck v. the United States (1919). Schneck was punished for violating the Espionage Act (1917), hence his defense was his first amendment rights was taken away. The court presides over his argument and upheld the Espionage Act, limiting the freedom of speech. Therefore, this case displays how the court bends the constitution to maintain its jurisdiction. Although the court’s decisions may not correspond to the majority will, the society still depends on the courts to make the final say in the controversial topics, shifting the status

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