Supreme Court Law Pros And Cons
INTRODUCTION
Given what I have learned about the functions and characteristics of the Supreme Court of the United States and the Conseil Constitutionnel of France – in the context of their respective systems of civil, criminal, administrative and constitutional adjudication – I will discuss the relative strengths and weaknesses of each system in offering meaningful remedies for possible violations of constitutionally protected individual rights from the frame of reference of a United States law student. As a Founding Father, I plan to adopt a body of law founded upon the strengths of both bodies of law. In doing so, I will consider, in order, what characteristics of each body of law is best suited to rule on issues of constitutionality, taking
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In the United States, a Supreme Court decision is binding on all lower federal courts. State courts are only subject to follow a Supreme Court decision when it decides an issue of federal law, such as fundamental individual rights. Thus, one can say that Supreme Court decisions serve as de jure precedent for these courts. However, because no state can guarantee less protection than that granted by the Constitution of the United States, Supreme Court decisions also serve as de facto precedent by guiding the state legislature in drafting legislation in accordance with the Federal Constitution. Also, state court judges may use Supreme Court decisions are persuasive precedent in order to avoid getting overturned; this is part of the fear I was previously referring to, and it is a reason why it is so important that the institution reviewing constitutional issues be part of the judiciary hierarchy. Parties may not appeal the Supreme Court’s decisions; only the Supreme Court can overturn its own decisions. As previously mentioned, when the Court denies a party’s petition for writ of certiorari, the lower court’s decision is
Pros And Cons Of Marbury V. Madison
863 Words | 4 PagesFirst, it does not always reflect the will of the people. Since it is the people who elect the Congress and the President, I believe their will should prevail. The Supreme Court should obey the will of the people rather than relying on interpretation of the constitution. Also, Judicial Review may cause a president or Congress to delay some activity or law until they get an opinion from legal advisers as to the constitutionality of the action or law, (Clinton, 1989). This might affect solving some essential matters of urgency lest the Supreme Court rules against it
Pros And Cons Of State V. Lee
747 Words | 3 Pages1. According to the case law of Illinois v Allen, the US supreme court held that “trial judges confronted with disruptive, contumacious, and stubbornly defiant defendant must be given sufficient discretion to meet the circumstances of each case. The court further observed that at least three constitutionally acceptable avenues exist for dealing with a defiant defendant, in the case of Ms. Roberts she was a very defiant defendant. The avenues are 1.
Summary Of Federal No. 78
457 Words | 2 PagesIn the essay Federal No. 78 deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. Alexander Hamilton begins in explaining his views on the independence on judge and evaluates the doctrine of the judicial review. Resulting in the Court believing that the Supreme Court violated part of the Constitution, Alexander Hamilton then evaluates the question of whether the Supreme Court should be able to declare acts of Congress null and void. Hamilton focuses on his three main points of the judicial department. First: the mode of appointing judges.
Review Of The Summer Of 1787: The Men Who Invented The Constitution
893 Words | 4 PagesThe book includes numerous special features that enables reader to have a more in-depth idea of the Constitutional
Pros And Cons Of The Laws Over Congress
1431 Words | 6 PagesAfter experiencing that the Articles of Confederation granted too little power to the federal government, the Founders decided to replace it with the Constitution. The U.S. Constitution was created to protect citizen’s rights and provide more power to central government. However, the Founders did not want the government to hold too much power, they created three branches: legislative, executive, and judicial branch so that one branch could limit the power of the others. This is also called checks and balances. Each branch carries different tasks but still works together towards the same common goals to ensure that the U.S. is developed and thrived.
Judicial Branch Pros And Cons
477 Words | 2 PagesAlexander Hamilton believed that the judicial branch is the least dangerous branch for several reasons. Perhaps Hamilton felt it is the least dangerous of the three branches of government because it does not make the laws as the legislative branch does; it simply interprets the laws that have been passed by the legislative branch and that have been approved by the executive branch. Also, there was little concern that the judiciary might be able to overpower the political branches; since Congress controlled the flow of money and the President the military, courts did not have nearly the same influence from a constitutional design standpoint. The effects of this is that the president and congress do have some control over the judiciary branch with their power to appoint and confirm appointments of judges and justice. Congress also may impeach judges which is very rare, alter the organization of the federal court system, and amend the Constitution.
Elastic Clause
933 Words | 4 PagesWoodrow Wilson once referred to the Supreme Court as “a constant constitutional convention in continuous session”, due to the role they have played in interpreting the constitution as it is written. Due to the ambiguity found in much of the phrasing in the constitution, judicial interpretation of the constitution can be considered both necessary and inevitable (Comer, Gruhl et al., 2001). The courts have the power to declare unconstitutional the actions of the other branches and units of the government in what is known as judicial review (Tannahil, 2002). The first case in which the court elaborated on the principle of judicial review was that of Marbury v. Madison in 1803 and put forward that in the case of conflict between the constitution and a statute, it is “the duty of the judicial department to say what the law is” (Smith, 1975). Following this, the case of Fletcher v Peck (1810) is of equal importance as it was the first case in which a state law was declared by the court to be unconstitutional.
Pros And Cons Of Packing The Supreme Court
564 Words | 3 PagesSamad Quraishi Mr. Mesa US/VA Government Honors 11 January 2023 Prompt: Is "court-packing" an appropriate response to criticisms directed at the United States Supreme Court? Packing the Supreme Court (SCOTUS) is a bad idea. SCOTUS has been the highest court of the land throughout our country's history. They have the power to determine whether a law is Constitutional or not, yet in recent years the court has become overwhelmingly conservative and politicized.
Supreme Courts Dbq
1112 Words | 5 PagesThe Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with
Pros And Cons Of Judges Being Appointed
167 Words | 1 PagesThe quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.
Summary Of Gerald Rosenberg's Book 'The Hollow Hope'
710 Words | 3 PagesAlex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The Constrained Court
429 Words | 2 PagesCourts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.
Key Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics
644 Words | 3 PagesThe Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
Advantages And Disadvantages Of Specialized Courts
420 Words | 2 PagesSpecialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).
Essay On Judicial Selection
801 Words | 4 PagesJudicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
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