Preview

How Does Plessy's Personal Ideologies Affect The Judicial System?

Good Essays
Open Document
Open Document
832 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How Does Plessy's Personal Ideologies Affect The Judicial System?
When Justices are appointed, they take the oath to make decisions that are fair and according to the Constitution. The decisions justices take every day affect the lives of Americans in many ways. The Justices are given the heavy responsibility to interpret the law and Constitution. However, many times Justices get confused about the original intent of the law, and therefore interpret it different from what the legislators wrote back then. Since the legislators of the Constitution are not alive today, Justices have to try their best to make decisions according to the law. Moreover, interpretation of the law from one judge to another can be different. Many times Supreme Court Justices use their own personal political ideology to interpret laws …show more content…
In future cases, Justices might choose to rule the case similar to its precedent or may decide to rule it differently. In either case, Justices exercise their personal ideology and their authority of interpretation to decide the case. For example, Plessy v. Ferguson and Brown V. Board of Education were two cases of similar subject with different rulings. In both cases, the Justices interpreted the Fourteenth Amendment’s Equal Protection Clause differently which led to different rulings on similar subjects. In the Plessy V. Ferguson (1986), the Supreme Court permitted segregation, while in Brown V. Board of Education (1954) the Justices did not use the precedent case of Plessy V. Ferguson to decide on the case ruling, and therefore ruled to desegregate schools. Similarly, Justices interpretation of the Constitution using their personal ideology played an important role in the same-sex marriage issue. In 1996, President Bill Clinton signed DOMA act into law which banned same-sex marriage because marriage was believed to be between man and woman. In the United States V. Windsor (2013) case, the Justices interpreted the DOMA as unconstitutional and as a violation of the Fifth

You May Also Find These Documents Helpful

  • Good Essays

    The Supreme Court of the United State is balanced by the justices’ ideologies which are liberal and conservative. These two ideologies are the principle of equality before the law because the justices’ ideology and their votes on the Court have a strong relationship. It is fairly common that justices decide cases based on their own policy preferences. According to “Gate Ways to Democracy” (514), we have the figure which shows the ideology of the Supreme Court Justices in 2014 in ranking from the most liberal to the most conservative that is started from Justice Sonia Sotomayor, Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, Anthony Kennedy, John Roberts, Antonin Scalia, Samuel Alito, to Clarence Thomas. Through the figure, Sonia Sotomayor is the most liberal justice, and Clarence Thomas is the most conservative justice.…

    • 594 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    According to the attitudinal model, Justices cannot be constrained by Congress nor the Executive branch, this constraint caused proponents to resist opposing results by those testing the rational choice to determine if the Justices act strategically in predicting congressional responses (Segal & Spaeth, 2002). “Scholars typically gravitate toward one of two opposing views about how justices make their decisions. On one side, attitudinalists argue that “institutional features designed to secure judicial independence ... ensure that the Justices can give their ideological preferences ‘free play’ and ‘base their decisions solely upon personal policy preferences (Rohde and Spaeth 1976, 72).” The attitudinal perception supports the idea that legal boundaries which give way to accurate interpretations of the law, which are believed to be useless in the Court’s decisions (Baum, 1994).…

    • 1187 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    The Federal Defense of Marriage Act (DOMA) was passed in 1996. Section 3 of DOMA specifically prohibited the federal government from recognizing same-sex marriages by defining marriage as a “union between a man and a woman.” As a result, same-sex married couples could not receive any of the federal benefits that opposite-sex married couples do, such as federal tax benefits, immigration status, and Social Security benefits.…

    • 1068 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    In the judicial decision making model there are three steps. The first model is what is called the legal model. In this model, it goes on to explain that the Supreme Court justices make their rulings based off facts from the case, laws, and precedents from previous cases. The second model is known as the attitudinal model. In the attitudinal model justices have the opportunity to make decisions and interpret the constitution based off their conservative or liberal ways due to which type of ideology they might have.…

    • 423 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In 1996, the Supreme Court enacted The Defense of Marriage Act (DOMA) which the third section defined the words marriage and spouse to refer to the legal joining of a man and a woman. This would legally bar any same-sex couples from receiving legal…

    • 915 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Case Complexity

    • 1802 Words
    • 8 Pages

    justices in complex cases in the desire of affecting a justice’s decision, and in turn,…

    • 1802 Words
    • 8 Pages
    Better Essays
  • Good Essays

    The Defense of Marriage Act (DOMA) is a law that was formed in 1996 by Congress, and was signed into law by then president Bill Clinton sought to be enforced by the Supreme Court that defines marriage as a union between a man and a woman. Traditionally, marriage is defined as a lifelong union between a man and a woman at the pinnacle of their life’s down until their final years. And the purpose of DOMA is to protect that sense of unionship in the United States and rather preserve it than destroy it.…

    • 662 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Supreme Court Limitations

    • 1456 Words
    • 6 Pages

    Chief Justice Jay believed courts only retain the right to interpret the law within context of a case or controversy. Hypothetically entrapping the court’s power to lend advisory opinions concerning the law. Even so, this limitation is not applied to multiple state courts making it more of…

    • 1456 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Judicial Branch Essay

    • 1855 Words
    • 8 Pages

    In American Constitutional thought, it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time, but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable, however, that a completely independent judiciary is impossible in a democratic society. To some extent, the general populace plays a role in interpreting Constitutions, which is referred to as popular constitutionalism. To what extent the general populace plays in the interpretation of the Constitution is still debated and the answer may vary from country to country. For this…

    • 1855 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Judicial Activism

    • 282 Words
    • 2 Pages

    Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy (Wasserman American Politics 138). The believers of this philosophical view of how our judicial branch suggests that the Supreme Court is more active and participates in molding the policies of American society. It can be argued that during the end of the Civil War and the "Separate but Equal" era, in cases such as the Brown v. Board of Education, Baker v. Carr, Missouri ex. Rel. Gaines v. Canada, and Sweatt v. Painter. The more recent, Bush v. Gore case is a good example of judicial activism.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The United States is at the forefront of modern democracy. Its unique three branched system allows the government to operate under a quasi-idealistic form of checks and balances. As outlined by the U.S. Constitution, the judicial branch of government serves as the interpreter of the law and is “one of the most sophisticated judicial systems in the world.”1 This complexity is a product of balance and structure in the form of a judicial hierarchy, with the Supreme Court at the top and local courts at the bottom. Further distinctions between federal and state courts include the selection of judges and types of cases addressed by each court. Federal courts, including the Supreme Court, generally overhear cases that affect…

    • 1265 Words
    • 6 Pages
    Better Essays
  • Better Essays

    The constitution as a written document is very simple and vague, making it fundamentally political and thus requiring those who interpret it to take into account the present state of the country and the effects that their decision will have on the current populous. The founding fathers, like our politicians today, had conflicting ideas on how the country should be run, hence the length and vagueness of the document. Among these debates was the issue of the judiciary branch. Many believed that a branch whose members were not publicly elected, and thus not representing the will of the people, garnered more authority and power than the others. In response to such criticism, Alexander Hamilton wrote the Federalist 78, in which he said the courts as outlined by the constitution are the weakest branch of government because, "It [Judiciary Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."(1) Hamilton, along with many others, believes that the constitution implies that the courts have the power to judge issues brought to the Supreme Court. The courts ability to rule on the constitutionality of issues is not specifically mentioned the constitution but was reaffirmed in the landmark Supreme Court decision, Marbury vs. Madison in 1803. In declaring that the courts have the ability to determine a laws constitutionality, chief justice John Marshall established a policy of judicial review. Marshall's decision gave the courts inherent powers the constitution didn't specifically mention but also created a new dilemma for the courts: how to go about interpreting laws.…

    • 1144 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    The United States of America, through its core democratic values, is greatly divided on civil rights issues because of the weight of consideration given to all who can voice their opinions. This gives rise to many topics of strong debate, delaying progressive action due to liberties granted by the Bill of Rights, and implications of impeding civil rights discrepancies. Currently there is a major debate in the white house, concerning the legal rights of gay people, mainly their right to have a marital status recognized by all levels of government. In 1996, there was an act, Defence of Marriage Act (DOMA), that was approved that made clear what the definition was of the words “marriage” and “spouse”. This definition was: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a…

    • 2079 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Same sex marriage has been a debatable issue in the United States for many decades now, but just in 1993, Baehr v. Miike, a legal case of three same-sex couples decided by The Supreme Court of Hawaii, alarmed the nation when ruled that a ban on same sex marriage constituted discrimination based on sex. During that time, no one state allowed same-sex marriage but all of them recognized marriages from each other. Thus, if back then with Baehr v. Miike case, Hawaii had recognized same sex marriage, other states would have had recognized it too. It was then, as an immediate response to the Hawaiian case, the creation of The Defense of Marriage Act (DOMA), an Act that was passed by the federal government in 1996…

    • 2406 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    Marriage Equality

    • 2649 Words
    • 11 Pages

    The greatest offensive weapon for those who oppose same sex marriage is The Defense of Marriage Act. In 1996, President Bill Clinton, signed The Defense of Marriage Act (DOMA Watch, 2009). This law defines marriage as a union between a man and a woman for all federal laws, and does not require states to recognize marriages from other states between people of the same sex (DOMA Watch, 2009). Currently, 37 states have their own Defense of Marriage Acts, while two more…

    • 2649 Words
    • 11 Pages
    Powerful Essays