Of all of the options here I would say that the Supreme Court needs to be held to the will of the people. I think that it is important for the citizens of the United States to be able to govern themselves. What is happening is that people are too afraid to express how they really feel and do not want to take the matters into their own hands so they want the Supreme Court to do it for them. This is a mistake. The Court basically has full power to make an amendment whenever it is needed. This should be stopped they are more powerful than Congress and that is a big problem. The Founding Fathers did not want the Supreme Court to dictate the foundations of America. If I did not have to choose and I could make my own circumstances I would say that
This branch, however, does not have all the power. There is a system put into place by the founding fathers called checks and balances. This system was though up with one goal in mind, to allow near equal flow of power
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,
The United States Supreme Court was, and still is today, the important backbone of America’s judicial system. This court deals with numerous cases throughout the year and keeps the country and government fair with its decisions. However, being responsible for giving justice where it is due, the Court is sometimes faced with hard choices that will make a lasting impression on the U.S. and its people. In the case of Loving v. Virginia, it did just that. As a Supreme Court landmark case, Loving v. Virginia definitely indicated a critical moment of change in civil rights for America and interracial couples everywhere.
The Daily Record Staff. "Legal Opinions - U.S. Supreme Court: October 14, 2008." Daily Record, The; Baltimore, Md.. 14 Oct. 2008 eLibrary. Web. 20 Jan. 2012.
The Marshall Court is regarded as the most important court within the history of the United States. The decision made in several cases changed tribal sovereignty in an unprecedented way. The first of which in 1823, in Johnson vs McIntosh when it was ruled the private individuals could not purchase land from the natives. At the time the decision was in the United States favor as homestead rights were granted soon after the case, but it shaped the rights of natives in future years. The second case in 1831, Cherokee Nation vs Georgia gave the Indian tribes independence and served as a guidance for the federal government to govern natives. The most important decision was made in 1832 in the case of Worcester vs Georgia where
The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is
Rules: The Supreme Court uses the Due Process Clause of the Fourteenth Amendment in rendering its decision.
Court decisions don’t have to be challenged up front, Presidents have the power to slowly
“Their present decision is equivalent to a repeal of law and the making of law. This is not adjudication, it is mere usurpation. It is the substitution of mere arbitrary will in the place of the solemn and responsible functions of an impartial judicature.”[1]
The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal
The Supreme Court should not have any additional powers to allow them to enforce their rulings. The Constitution was made to ensure that everyone has certain rights and how they should follow them. If the Supreme Court was only given a certain amount of power then they should not go against what was already decided. The president has every right to make the decisions because he is doing it for the best of the country. If the president does make a mistake then congress can use checks and balances to ensure that the power maintained is correct and equal. The Supreme Court should not receive additional
procedures. The supreme court will be the deciding factor in this in the end; what will affect their
It is true that the Court cannot enforce its decision but must leave this to the executive and legislative branches. For example, when the decision to ban public school prayer came down, many states avoided complying with the "spirit" of the ruling by advocating a "moment of silence" to start off the school day. The Supreme Court banned this also in 1985 by redefining and rewording their intent (Woll 146). However, the Court does rely heavily on social support of their ruling and the reputation of the
Is the supreme court necessary for our democracy? An extensive list of crucial supreme court decisions since its establishment back in 1789 would say so. The supreme court has the highest federal power as given by the original constitution and was given the highest federal power. To this day the supreme court decides what is or is not constitutional. The supreme court is necessary to check and balance the power of the other two branches, provide uniform rules for the entire country, and protect the rights of its citizens.
The writers of the Constitution never intended the Supreme Court be the final arbitrator of what is Constitutional and not. The Supreme Court plays an important role in this process, however, its responsibilities are split and shared with two other branches of the federal government, the States, and the American