The Supreme Court
The purpose of the Supreme Court is to review or address cases that involve issues on a federal level or of constitutional law, just as appellate courts hear cases on a state level. Their responsibilities include deciding how to apply the principles of constitutional law to new matters and issues that arise in today’s day to day legal process; they also play the role of the “parent” to lower federal appellate courts when their decisions on legal issues are contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they
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In my opinion this rule is of fairness because without drawing the line and having a court to reach a final decision and establish authority legal matters could stay in appeal courts for years, constantly being argued and picked apart. The part to the Supreme Courts process I will disagree with is being able to decide what cases to hear and the justices serving for life terms. In my opinion both of these factors allow room for bias and prejudice which should always be one of our constitutional rights that are highly upheld, giving the supreme Courts random cases to address during their term, increasing the length of their term allowing for more cases to be reviewed, and decreasing the term of each judges years of service by switching justices after a given period of time will allow for justice to be bigger than the messenger.
Reference
The Judicial System. (1996). In Merriam-Webster's Dictionary of Law. Retrieved from http://www.credoreference.com.ezproxy.apollolibrary.com/entry/mwdlaw/the_judicial_system
Mosk, S. (1999). Federal Court Concepts. Retrieved from
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is
The job of a supreme court justice is no easy task. They are given situations that others could not solve and must interpret the constitution in an unbiased way to see what the solution is. Interpreting the Constitution is especially difficult because its ratification was over 225 years ago. This means that the judges need to keep the constitution up to date, while also making sure not to lose the original purpose of each amendment. The constitution
In the Constitution, the Supreme Court is the overriding law of the land. The Supreme Court can overrule the decisions made by the likes of a state or appeals court. The Constitution is clear in its attempts to unify the nation and strengthen the federal government, all while maintaining the freedoms of the states and the feeling of equality. Though the Constitution is written in a vague way, leaving it to be open for interpretation and allowing it to conform with the changes that time brings to society. But because of the uncertainty of the document, it has often been misinterpreted, or has caused a wide array of viewpoints of a certain issues. The most memorable example being that of the Civil War, but today it is even more prevalent when we try to relate modern day issues to the ambiguous instructions left to us by our forefathers.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.
The Supreme Court, which is the highest judicial court in the United States, serves as the place for all cases and controversies that fall underneath the Constitution of the U.S. The legislature passes the law, and the role of the judicial branch is to explain the law the legislature passed, which back fired in the case of Dred Scott. The Supreme Court were obligated to handle the Dred Scott versus Sandford case after the Missouri Federal District Court made their decision, adding the fact that it was a difficult case because slavery was such a hot issue at the time, which made the case a catalyst to the start of the Civil War.
The Supreme Court should not have any additional powers to allow them to enforce their rulings. The Constitution was made to ensure that everyone has certain rights and how they should follow them. If the Supreme Court was only given a certain amount of power then they should not go against what was already decided. The president has every right to make the decisions because he is doing it for the best of the country. If the president does make a mistake then congress can use checks and balances to ensure that the power maintained is correct and equal. The Supreme Court should not receive additional
The Supreme Court, which is often referred to as the Court of last resort,” is the highest court within our court system. Only an original ruling by the Supreme Court can change a pre-existing one. They have the authority to decide appeals on all cases taken to federal court or those that have been brought to a state court that handles federal law. Once one of the circuit courts have made a decision on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court. The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The parties involved in the case are required to petition the court. If the petition is granted, the circuit courts will take briefings and hear arguments. If the petition is not granted, the lower court's judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court oversees many types of cases such as most cases involving federal laws or regulations, international and interstate commerce, and cases involving commodaties and securities, to name a few. Where a case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case can start in either the Superior Court or District Court. Cases wouls start in the district court if they involve
In 1953, Chief Justice Earl Warren ascended to the Supreme Court after the death of former Chief Justice Fred M. Vinson. Chief Justice Warren led the Supreme Court, most notably during the 1960s, which were already a time of great social and governmental change. He, along with the rest of the justices on his court, helped to shape both the both the court and the country during this time in dramatic and long-lasting ways. The Warren Court took place during a period of rapid change in American history, leading it to produce many impactful decisions that influenced the course of federal and state laws for decades, as it took a judicial activist stance on how it approached decision-making in cases regarding civil rights, the right to privacy, criminal due process, voting rights and election law, as well as the first amendment.
To use Hamilton’s words; “[The judicial branch] may truly be said to not have either Force or Will but merely judgement,” from Federalist No. 78, the supreme court needs this power. Without this power, he explains that the supreme court is too weak to properly function. It is a really important point to think about. Before this decision by the supreme court, they
The Supreme Court plays an important role in our government today. The courts perform several actions, such as making the final decision for many government policies. They interpret laws created by other government branches, and they make important policymaking decisions in order to please the public and make America a better place. The Supreme Court is pressured to make better decisions because they have an influence and a lot of power (. Even when they make mistakes, however, they do their best to make America a better place by using all of its powers given to them by the Constitution. These powers given to the Supreme Court allows them to perform several different actions without interference from other government branches. As a result,
In any legal system, there is a notion that the chief end to be achieved is justice. Clearly no one would advocate for an unjust legal system, but what if the clear distinction between just and unjust is not so clear? What if there are diametrically opposed moral principles supporting competing arguments? On three occasions, the Supreme Court of Virginia has declined ruling on whether the relationship with an assailant 's wife deprives a defendant of the right to self-defense.
There are many different reasons a person can find themselves in a court as the defendant.
The Supreme Court’s largest responsibility rests in its power of judicial review. The Supreme Court has the final say in all legal matters concerning the Constitution. The Supreme Court has the authority “to invalidate legislation or executive actions which, in the Court 's considered judgment, conflict with the Constitution” (The Court and Constitutional Interpretation n.p.). This means that anything passed by Congress, or mandated by the President can be struck down if the Court deems it unconstitutional. The Court can also strike down laws made by local and state governments if they violate the Constitution ("The Role of the Supreme Court” n.p.). Judicial review has been important in making sure that a citizen’s individual rights, stated in the Bill of Rights, are protected. There is no express consent written in the Constitution to grant the Court the power of judicial review. The idea of it, however, was around before the Constitution was written. Before the formal establishment of the Court in 1789, state courts had exercised it by overturning several laws passed by their legislatures that conflicted with their state constitutions (The Court and Constitutional Interpretation n.p.). It was not until the 1803 Supreme