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
The Supreme Court is a federal court, the highest body in the judicial branch of the United States government. The Supreme Court contains a chief justice and eight associate justices. All of these are appointed by the president and confirmed by the senate. The Supreme Court contains the plaintiff, defendant, chief lawyer for plaintiffs, chief defense lawyer, justices of the court, and the justices dissenting. The plaintiff is a person who brings a case against another in a court of law.
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.
You do not want Xlandia to be run on biases. If the people do select who are their judges, then they may be picking who will be kind to them, instead of being fair. You do not want a biased vote when it comes to the Constitution’s laws. We recommend that the Supreme Court should be independent and have the power of judicial review.
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.
There are 13 appellate courts, and they are called the U.S. Courts of Appeals. The 12 regional circuits are the 94 federal districts organized and set into groups, each controlling an appellate court. The appellate court’s task is to decide whether or not the law was carried out correctly in the trial court. Appeals courts have three judges and no jury. A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.
The Court is able to check both the legislative and executive branches by overturning laws or actions taken by either branch if the justices believe that the branch is not acting in accordance with the Constitution or if an act contradicts the words of the Constitution (“The Constitution,” 27). Although this could make the judicial branch appear superior to the other branches of government, Rosenberg’s arguments in The Hollow Hope: Can Courts Bring About Social Change? show that this is not the case, especially when it comes to social reform. With judicial review, the Supreme Court can freely make important and sometimes controversial decisions with its interpretations of the law. However, the decisions are almost meaningless unless one of the other branches takes action to implement the Court’s rulings, which serves as a check on the
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
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
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.
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.