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Essays on the american supreme court
The history of usa courts
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Over the course of history and to this day, it is not, nor has it ever been, a requirement for U.S. Supreme Court Justices to have prior judicial experience before entering into office. However, over the past three decades or so it has become a norm for the people who nominate and confirm Supreme Court Justices to look for judicial experience as almost a prerequisite for office (Epstein, 2003). Although the U.S. Government officials have made this a norm, it is unnecessary to require prior judicial experience to those entering the Supreme Court and this norm may even be tainting the original purpose of the Supreme Court that the founders of the Constitution intended for it to have. When dealing with the U.S. Supreme Court, the constitution …show more content…
This is the case on two levels. One, that people analyze situations and make decisions based on their career paths and two, that it is more likely for white males to have prior judicial experience than it is for minorities or woman to (Epstein, 2003). On the first level, this matters because when there is someone deciding on cases that are federal matters and may even change laws and the Constitution, you want them to be making the optimal decisions on each case, but if all of the Justices only or mainly have judicial experience then they are going to look at every case with a legal mind set and not from every side of it, therefore, will not make the most optimal decision. This being said, there should be people from all walks of life on the Supreme Court so that you get people who can look at all sides of a case in order to make the best decision on the matter at hand. On the second level, it is important to not only include people from all walks of life, but also from all groups of people so that every citizen of the United States is equally and fairly represented. Since this is an important matter, causing it to be a norm for Supreme Court Justices to have prior judicial experience is discriminatory and unfair because it is more likely that a white male has prior judicial experience than it is that a woman or a minority has prior judicial experience which means that it is more likely that a white male gets a position on the Supreme Court than it is that a woman or a minority does (Epstein, 2003). This means that this norm is not only causing less career diversity in the Supreme Court, but also less diversity in general which leads to unequal representation in federal
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
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 intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
... eye. While Toobin gave me great insight to the people who make up the Supreme Court, this book has become dated in some aspects. Stevens and Souter no longer are a part of the Supreme Court. As this book shows, each individual Justice makes up the personality of Supreme Court, which is now sightly different, without Justices Stevens and Souter. The nine justices in the book served together longer than any other group of Justices. Toobin describes the how each of the Justices got appointed to the Supreme court, including the failed nominations that ultimately brought each of the Justices to the Supreme court. The Supreme Court shapes our country in ways that no other branch of government can, because they are appointed for life. Ultimately, nominating a Supreme Court Justics, is one of the most far reaching and lasting way a president can shape our nation.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
Gevinson, A. (2009, July 28). Supreme Court Nominations | Teachinghistory.org. Retrieved February 19, 2014, from http://teachinghistory.org/history-content/ask-a-historian/22435
The Supreme Court has the highest authority in this country and throughout its existence the diversity of people in it had been lacking. On May 29, 2009 a new Supreme Court Justice was nominated, she was the first Latina to be appointed to this position and eventually was confirmed by the senate. Sonia Sotomayor’s nomination speech was a moment that brought joy to many Latinos who often did not feel represented in higher positions of authority in this country. She was the first to break the norm for this and in the speech she delivered to the country via new stations she was able to present to the country what qualified her as a Supreme Court Justice. Former President Barack Obama presented Sotomayor as a person
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
The strategic model acknowledges that judges seek to achieve policy goals, but it also acknowledges that they are subject to certain restrictions in doing so. Since they cannot act accordingly to preference, they must act strategically to achieve their goals given by the restrictions. It argues that like politicians, justices make their decisions based off other’s decisions or make their decisions while trying to determine how another person will react from it. This decision style says justices would base their decisions on the influence of other justices.
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
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 government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
While during the nineteenth and early twentieth centuries the Supreme Court of the United States tended to rule in ways that were not favorable to minority populations, from the late twentieth century onward, The Supreme Court generally ruled in ways that were favorable to minority populations, including African Americans, Asian Americans, homosexuals, and those who share minority opinions. In other words, when compared to the Supreme Court of the nineteenth and early twentieth century, the Supreme Court in the last sixty years has become an agent of social progress. This change in The Supreme Court is evidenced by how the rulings of the court affected minorities differently in the last sixty years then they did before the mid of the twentieth
Kate Malleson remarks that even the current recruitment pool which is dominated by middle aged successful barristers does seem to evoke John Griffith's theory of judicial conservatism. However, the apparently conservative composition of the judiciary does not necessarily mean that it gives preference to traditional views. In contrast to the US Supreme Court, there is little concern whether a UK judge’s social and political views a...