1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached. The court 's jurisdiction is its authority to hear cases of a particular type. The original jurisdiction is the authority to be the first court to hear a case. The supreme court 's most important work is the Appellate jurisdiction, which is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by a losing party. Nearly all cases that reach the Supreme Court do so after the losing party in lower court asks the court to hear its case. The court issues a Writ of certiorari. …show more content…
The Supreme Courts job is not to correct the errors of other courts but to resolve substantial legal issues. The courts own guidelines say there must be "compelling reasons" for accepting a case. When the supreme court accepts a case the majority of the justices disagree with the rulings made in the lower courts. The courts then make a decision indicating which party won the case. Most supreme court justices are biased and act from partisan positions. A partisan is a committed member of their political party: They strongly support their parties policies. Although the supreme court justices should have the option to be able to agree with their party, they should not overlook the actual case. Decision on a case should be because of its background, not solely because a person 's party agreed with it. The supreme court should not be permitted to act on partisan positions. 2. To reduce Partisanship of the court the American public can express their thoughts representively. The people can vote, so whomever they choose has an opportunity to change the biases
Supreme Court Judge Clarence Thomas is a justice who 's philosophy on law has created judicial restraint due to his past and being voted in by the most narrow margin in United States history. If Judge Thomas attempted to create judicial activism and question the current laws in place it could potentially start of landslide of problems internally with other Justices and with the public. With only one year of experience prior to his appointment and replacement of Judge Thurgood Marshall, Supreme Court Justice Clarence Thomas must be as conservative as possible so that he does not draw unwanted attention to him self.
Kastellec mainly focuses on three elements that are necessary in order to create this connection between the American public and The Supreme Court. The elements are listed as : knowledge, salience and attention. According to his finding, (1) citizens tend to know about court decisions that affect them or the issues they care about, (2) Americans know more about the court and pay ore attention to senators and how they vote according to their views, and (3) the senators do monitor and care about what public think because of their desire for reelection. Therefore, history proves that in order for senators to establish credibility in the
Alexander Hamilton wrote the Federalist Papers which was a persuasive document appealing to the formation of a strong national government. In Federalist #78, Hamilton described his plan for a judicial system set up by the Federal Government that would interpret laws and hold them to the standard of the Constitution. In his essay, he remarked the judicial branch as the weakest of the branches. His reasoning behind this claim was that the judiciary posed the least threatening to individuals rights found in the Constitution. The judges themselves only held the power to interpret laws and strike them down during the legislative process.
Upon the death of Ruth Bader Ginsburg, a liberal justice, McConnell saw an opportunity to put in another conservative justice, even though it was closer to the election. This hypocrisy from the Republican party is a political move for them to gain more power across the government. The Constitution does not state the number of SCOTUS justices there can be. If the President wanted, he could nominate dozens of liberal justices and have most of the Senate confirm them so that their political party could be benefited. SCOTUS was never meant to be politicized, and if it continues to be, this will create massive swings on what the law is for our country.
The United States Supreme Court is not transparent to the citizens in this country and they fail to publicly reveal reasoning’s to their decisions that they have made. The courts non-transparency make people wonder and uncomfortable for congress has to openly show how they voted one bills Jeffrey L. Fisher razes this type of questions in his article “The Supreme Court’s Secret Power” in The New York Times he raises concern for the Supreme Court and the justice; claiming that they have become too powerful and the people of this country deserve to see how each justice vote due we entrusted them I the position and we deserve to know if they are in good favor.
Id. Out of those, they choose around 150 cases. Id. These court cases are conducted as regular court cases, except only the Justices may make the final decisions. Id. Justice Scalia was involved with the Supreme Court from 1986 until his death in the current year. Id. Scalia was praised for his conservative stance and traditional thinking, and the Supreme Court will not be the same without him.
In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by theU.S. Court of International Trade and
Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.
They will only review cases in which constitutionality or judicial error is brought into question. The defendant has already been given a guilty verdict and so the question of innocence will not be re-evaluated. However, the appeals court may send the case back to the court of original jurisdiction to be retried, at which the defendant may be determined not guilty in a retrial or the charges may be dropped by the prosecution. The top tier of the federal court system is the U.S. Supreme Court. This court is not mandated to hear the appeals of all criminal cases as is the case with the U.S. Court of Appeals.
For instance, Obama appointed positions that are more liberal, as to Bush, who appointed positions to more conservative justices. Due to this, they can use assignment to actuate on the court’s decision-making. The Supreme Court influences how the laws should be defined and coordinated to cases using current laws and the Constitution. There are many factors that have an effect on the Supreme Court.
This is the highest court in the United States. If You look in Article lll
Peter Irons’ Brennan vs. Rehnquist discusses the philosophical differences between Supreme Court Justices William Brennan and William Rehnquist, but on a deeper level, the importance of having a balance of ideas within the Judiciary Branch. Brennan’s ideology, as a lawyer and judge, tended to be more progressive by focusing on the dignity of all people. However, Rehnquist had conservative proclivity and believed that whoever held the majority should subject their own morals upon those in the minority, which is directly at odds with the beliefs of his more liberal counterpart. The author also states that the members of the Supreme Court are selected by publicly elected officials, meaning that the general population of voters hold an important
In other words, only rarely does a case originate at the supreme court level. Most of the court's work is as as appellate court. It has appellate authority over cases decided by the U.S. courts of appeals, as well as over some cases decided in the state courts when federal questions are at issue. There is no absolute right to appeal to the United States supreme court. Although thousands of cases are filed with the supreme court each year, in 2013-2014 the court heard only 75.
However, in balancing those flaws with their benefits, America’s judge selection process is satisfactory. Having a mixed system helps to aid in checks and balances between the government and the voting power of the
For instance, in Obergefell v. Hodges there was a considerable controversy, state laws on issuing marriage licenses were different, and there were shifts in society's feelings. Second, the justices are strategic and do not wish to decrease their power. Therefore, I feel that they are aware of the public's general ruling preferences on particularly controversial cases. The courts power seems to rest in its ability to be respected by society and the other institutions. For example, the courts cannot control the purse or the sword.