The Attitudinal Model And Judicial Activism
The attitudinal model and judicial activism are two common ways judges and justices shape the way they rule on cases. The attitudinal model and judicial activism both present opinion and belief-shaped ideologies that are freely expressed in cases. In the course of this paper, multiple Supreme Court cases are discussed where justices have made several groundbreaking decisions that have led to major policy decisions which firmly established the judicial branch as a dangerously powerful branch. This paper explores decisions such as Roe v. Wade and Brown v. Board of Education which are prime examples of judicial policymaking, and the potential threat it holds for civil rights and civil liberties. Finally, the paper concludes by discussing the danger …show more content…
Judges make decisions based solely on their own beliefs, as opposed to other theories of judicial decision-making that consider the law and legal precedent to be more important. Moreover, judges believe that they are justified in making rulings based solely on their ideological views since there are multiple interpretations of the law, hence lending credibility to its ambiguity (Miller, 2014). This decision-making process frequently plays out in the real world, most notably when the Supreme Court has a split vote on a case where the justices have made their decision in line with their conservative or liberal ideology. Civil rights and liberties tend to be a large area of ideological controversy, and in many cases, judicial decision-making is based solely on the individual justice's belief. In the highly controversial Roe v. Wade decision in 1973, the majority of the justices had liberal ideologies regarding civil rights, which played a significant role in how the justices decided regarding Roe v. Wade (McBride, n.d.). Nearly fifty years later, with a noticeably more conservative Supreme Court, Roe v. Wade was struck down in the Dobbs v. Jackson Women’s Health Organization. The political landscape regarding abortion had not changed significantly in those fifty years, the determining factor for why Roe v. Wade was overturned was simply because of the attitudinal model of judicial decision-making held by the justices that swung conservative. Beyond the why behind judicial decision-making, judicial philosophy plays a significant role in determining how a judge rules on a
Compare And Contrast United States Vs Texas
719 Words | 3 PagesIts function as a neutral arbiter aids in ensuring that neither the legislative nor executive branches go beyond their constitutional bounds. The Court further restrains state power by deciding whether state laws or practices are constitutional, ensuring that state acts do not infringe on individual rights or transgress federal law. The Supreme Court's power to make binding decisions on contentious topics, frequently dictating the direction of legal, social, and political events, is another factor contributing to its significance in the federal court system. In difficult areas like abortion, its decisions can have a lasting effect on society and have a considerable impact on how laws are
Analysis Of Murphy, Marshaling The Court By Khalil Franklin
941 Words | 4 PagesThesis: “that judges, if they act rationally, must weigh all the alternatives” [see page 641]. Discussion- analysis of strategies and tactics. Assumptions made by the author; (1) historical role of a free society, has been deeply embedded in the American judiciary, (2) the
Oliphant's Opaque Opinion Summary
587 Words | 3 PagesOliphant analyzes the delicate balance of choosing political sides as compared to strictly upholding the law. Moreover, intertwined throughout the article, Oliphant records predications for the future of the court. For example, he outlines the potential implications if Romney were to have been elected in the 2012 November presidential race. Oliphant appeals to the reputation of Chief Justice Roberts ' historical appointment, voting history, forecasted impact on the bench, and implied influences by political parties and media, in order to establish Roberts ' credibility, despite a reputation inconsistent with his judiciary colleagues. Oliphants sinuous article, "Tipping the Scales" institutes that readers will arrive at one of two conclusions: Chief Justice Roberts 's decisions are unreliable or his actions are justified based on his
Summary Of Antonin Scalia's Adoption Of The Constitution
688 Words | 3 PagesThe articles written by Antonin Scalia and Stephen Breyer both contribute valid insight on how the Constitution should be interpreted. They, however, end up taking conflicting views on whether to adopt what is known as a living constitution or to bind the judiciary by the original meaning of the document. Throughout their works, the authors mention the importance of objectivity, judicial restraint and the historical context in which the Constitution was written under and whether or not it should apply to the United States today. Scalia argues in favor of the originalist approach, stating that he supports neither a strict nor a loose interpretation of the Constitution, but rather, a reasonable interpretation. Breyer sides with the cosequentialist ideals, claiming that active participation in collective power is paramount when it comes to evaluating the Constitution's place in American law.
The Controversy: The Dred Scott Case Of 1857
643 Words | 3 PagesWhen one holds a prestigious position on the United States Supreme Court, they possess the opportunity to alternate the future of the country. However, that impulse should not be entertained in the majority of instances, as with the Dred Scott Case of 1857. Although that conflict should have dissolved after the subject dissolved, Chief Justice Roger Taney allegedly overextended his reach to determine the legality of another issue that had troubled the United States. In addition, the decision decided on the case itself negates the framework of the U.S. Constitution by infringing on an individual’s rights, regardless of who they might be. At the time of the Dred Scott Decision, the United States had become deadlocked over the controversy
What Is The Theme Of Judicial Tyranny The New Kings Of America
1094 Words | 5 PagesThe major theme of the book “Judicial Tyranny: The New Kings of America?” by Mark I. Sutherland is the courts reaching pat their constitutionally delegated power and assuming a new role as legislators, even legislating in areas that Congress has no power in. Through the collected teachings and speeches contained within the book, Sutherland points out that basic freedoms, such as the freedom from legal restrictions on practicing religion guaranteed by the First Amendment, are currently under attack and have been for quite some time. From legal fallacies like the modern notion of “separation of church and state” to the all-out attack on the Bible in public, this book goes into detail as to what is being done and how it can be stopped. Sutherland
Brief Overview Of The 13 Major Court Cases
1298 Words | 6 PagesAnika Rusche Mr. Smith & Mr. Persuad Social Studies 8 June 2023 The Thirteen Major Court Cases There are 13 major Supreme Court cases that have occurred which led the United States to how it is now. If our judges chose the other side of the argument would our world be different now? More Than 200 years ago our Founding Fathers, Alexander Hamilton, James Madison, and John Jay published a series of essays prodding the ratification of the United States Federalist Papers now known as the Constitution. The Federalist Party came about around 1789 - 1790 as a group of businessmen who supported the same cause.
Macalia Dissent Case Summary
1849 Words | 8 PagesAmericans are proud of their history and traditions so things like, “debate over same-sex marriage displayed American democracy at its best” and in reference to the 14th Amendment “bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification” would strike pride in their hearts. People love to do things the “good ol’ American way” and when that is threatened they become defensive. Scalia argues that with their decision the Court is changing the way our system of government works and with this he could expect the people to become defensive and want to be aware of future decisions that could do the same. Scalia wrote about the judicial claim to legislative power, “a claim fundamentally at odds with our system of government” and “government that makes the People subordinate to. . . nine unelected lawyers does not deserve to be called a democracy” (5).
Pros And Cons Of Interpreting Of The Constitution
903 Words | 4 PagesThe Constitution is an essential document to not only the American judiciary system, but to American society as well. Though the document’s intended purpose is to protect the people, it has caused much controversy among them. The controversy arises in the argument of how the people should be interpreting the text of the Constitution. Originalists argue the text is meant to be interpreted in the literal sense, instrumentalists oppose this view arguing that the text of the Constitution is meant to be interpreted in relevance to today (adapted to modern times). This argument is discussed by Lawrence B. Solum in parts one and two of, “The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights”.
Supreme Court Constructionism
1069 Words | 5 PagesThis case is known as Roe v Wade. In Roe v Wade the court was asked to vote on whether or not abortion should be legalized throughout the United States. Rehnquist, along with justice White, were the only two justices that voted against the legalization of abortion. Rehnquist stated that the Constitution did not embrace a woman’s right to an abortion. Another case that demonstrates his interpretation of the Constitution is shown in Furman v Georgia.
The Pros And Cons Of Pro-Choice And Pro Choice
1888 Words | 8 Pages“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).
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.
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.
More about The Attitudinal Model And Judicial Activism
Compare And Contrast United States Vs Texas
719 Words | 3 PagesAnalysis Of Murphy, Marshaling The Court By Khalil Franklin
941 Words | 4 PagesOliphant's Opaque Opinion Summary
587 Words | 3 PagesSummary Of Antonin Scalia's Adoption Of The Constitution
688 Words | 3 PagesThe Controversy: The Dred Scott Case Of 1857
643 Words | 3 PagesWhat Is The Theme Of Judicial Tyranny The New Kings Of America
1094 Words | 5 PagesBrief Overview Of The 13 Major Court Cases
1298 Words | 6 PagesMacalia Dissent Case Summary
1849 Words | 8 PagesPros And Cons Of Interpreting Of The Constitution
903 Words | 4 PagesSupreme Court Constructionism
1069 Words | 5 PagesThe Pros And Cons Of Pro-Choice And Pro Choice
1888 Words | 8 PagesSummary Of Gerald Rosenberg's Book 'The Hollow Hope'
710 Words | 3 PagesThe Constrained Court
429 Words | 2 PagesKey Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics
644 Words | 3 PagesEssay On Judicial Selection
801 Words | 4 Pages