Letting personal feelings into the court Politics in this world, especially the law is one of the most complicated item in this world. The law itself was created in order to reach a balance in solving problems that are happening, this is the reason why courts and judges was made with a main point to create a decision. However, chances are the some law rules that can be a double edged sword for the judges and people. It can benefit and debenefit them at the same time. Which is the Judicial Activism and Judicial Restraint. The definition of the Judicial Restraint itself is a term where if a court judges wanted to create a decision, that can be based off from their thoughts and views, or outside from the “guidelines” of the law, it prohibits and limits them from doing so. Forcing them to follow the law and rules (Navelkelar, 2014). This is really useful in order to remove bias and at the same time avoiding any decisions that can create a great chaos for the future cases. If Judicial Restraint did not exist in the first place, “unconstitutional” decisions that will be the root of the chaos of the future cases will be easy to make. …show more content…
Because apparently, if the Judges have given the chance to act from their opinions and logic, most likely it will be filled with bias or personal opinion that can be wrong, or being unlogical for certain people. Not to mention that one way of problem solving means does not mean it can be applied to other problems; every cases are unique and different; having their own ways to solve. Of course, some poeple would say that there will be some time where people need to go with our common sense and human moral on problem solving in daily life, while at the same time making people as human, but the “humane” decision can bring a disastrous decision that killed potential lifes, chiefly the Roe v Wade
In order to uphold the constitution, the Supreme Court must always aim to balance power among the branches of government and not overstep boundaries in exercising its own power. For this reason, the debate over handling political questions in the courtroom
By taking this power away from the High Court, it may be considered unconstitutional as the protestors cannot continue with the judicial review
Where is Tyranny? What is Tyranny? Who has Tyranny? But the main question is, how did the constitution guard against tyranny? The definition of tyranny is, ¨the accumulation of all powers in the hands of one, many, or a few is the very definition of tyranny.¨ said James Madison in the constitution.
Tyranny (The accumulation of all power… in the same hands whether of one, few or many) is everywhere whether you are a kid or and adult it's affecting you. In the summer of 1781 55 delegates representing twelve of the thirteen states met in philadelphia to fix the national government. The problem was that the existing government, under the article of confederation just wasn’t doing the job. It was to weak so the made a challenge to make a new central government. The constitution guarded against tyranny in four ways.
There are no power in the system provided to correct their construction, means that if the legislature passed any laws, they have the final authority of saying it is unconstitutional. In addition to, the judges have no laws by saying them doing the wrong thing of taking citizen’s rights. In my viewpoint, the federalist paper support this argument. For example,“ The judiciary...may truly be said to have neither FORCE nor WILL, but merely judgement” The legislative controls the command of the purse, and executive holds the sword of the community. Every Branch of the government should have equal responsibility of ensuring bill that passed into laws that are constitutional.
The 4th amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In the context of the 4th amendment, a search is considered or happens, “when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.” (Ryan) An example of a search under the 4th amendment is forms of searches such as stip searches or visual body searches but they have to be supported by a probable cause and be conducted in a reasonable matter. A seizure of an individual under the 4th amendment means or happens , “when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.”
Only then will the judges be able to protect the constitution and the rights and privileges of the citizens, along with changing the minds of the framers who thought the judicial branch was weak. Hamilton emphasized that it was necessary for the judicial branch to take advantage of its power of checks and balances and make itself independent, however, still continue to work hand in hand with the
With the judiciary being the weakest branch, they could never infringe on individuals rights and liberties. The legislative and executive branches could pass laws or over
The Supreme Court set a precedent that nearly lasted six decades. In summary the Supreme Court has the power to Change the way things are viewed for decades or even
The Judicial Branch would suffer because the average framer did not understand the qualifications of the Supreme Court Justices. Madison explains that in order to avoid a gradual concentration in power in any single branch, other branches in government must use constitutional protections in order to ensure that a build up of power does not ever occur in a single branch. There are certain situations that man will abuse power. Keeping men from abusing power is not inevitable because all men are not perfect. The
Sometimes the Supreme Court will revert the rulings of these lower courts but more than often they’ll stay with the original ruling or they might not even look at the case. My thoughts on civil rights and civil liberties are simple I feel as though they worked for people in the past but they aren’t for today's times. I think they’re slowly dismantling and one day the government is going to have to revise to fit today’s times if not it could mean the collapse of the United States government as we know
Courts are also aware of popular opinion, and are unlikely to “support significant
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
This may cause a judge to render a decision based on obligation instead of holding true to their beliefs. This pressure is not easily felt as intensely by appointed judges, especially those with lengthy terms. In considering the equity of the pros and cons it is my opinion that the existing system in place works best. Every system is flawed.
Such as the Lorillard Tobacco Co. v. Reilly case which banned tobacco advertising. This decision was made even though it infringed on the corporations right to free speech (Hudson). I agree with this decision to ban tobacco advertising regardless of the fact that it is unconstitutional. This Supreme Court ruling refutes the validity of the argument that the individual right of free speech in advertising being more important than the common good, in this case the common good attributes to public health. It is clear these prescription drugs are a hazard to public health.