Judicial Activism/ Judical Restraints
AP TERM PAPER
JUDICIAL ACTIVISM/ JUDICAL RESTRAINTS
Ireland Situmeang
AP Government and Politics 4B
Mrs. Bould
April 22, 2012
The Supreme Court receives its powers from Article III of the Constitution. Article III states that “the judicial power of the United States, shall be vested in one Supreme Court, and un such inferior Courts as the Congress may from time to time ordain and establish.” (The Supreme Court in the American System of Government) According to this, the Supreme Court of the United States was admitted by the authority of the Judiciary Act of 1789. The Supreme Court has the power to revenue court cases whether they need to be amended or dismissed. The Supreme Court can overrule many jurisdiction actions due to the establishment with the power of judicial review. “The Supreme Court has jurisdiction over cases relating to the Constitution, federal laws, and treaties involving the United States.” (U.S. Supreme Court) This essentially means that the Supreme Court has higher values and little limitations amongst cases. Whether they are different cases in worse situations the particular cases that are brought up to those higher courts, which in this case is the Supreme Court. The Supreme Court has the overrule and power of many things dealt with cases, these are the basic ones that are appointed to them to amend and take action. An great example for a combination of all these disputes of a Supreme Court justice are two court cases that are Brown v. Board of Education (1954) and Gideon v. Wainwright (1963). These cases cased a controversial expressed view with some constitutional scholars believing that the Court’s role is limited to interpreting policy that argues in favor of judicial activism and judicial restraint, by the order of Chief Earl Warren. “At the highest level, the Supreme Court was to consist of six justices, a chief and five associates…” (U.S. Supreme Court) Earl Warren served as fourteenth Chief Justice of the United States.
JUDICIAL ACTIVISM/ JUDICAL RESTRAINTS
Ireland Situmeang
AP Government and Politics 4B
Mrs. Bould
April 22, 2012
The Supreme Court receives its powers from Article III of the Constitution. Article III states that “the judicial power of the United States, shall be vested in one Supreme Court, and un such inferior Courts as the Congress may from time to time ordain and establish.” (The Supreme Court in the American System of Government) According to this, the Supreme Court of the United States was admitted by the authority of the Judiciary Act of 1789. The Supreme Court has the power to revenue court cases whether they need to be amended or dismissed. The Supreme Court can overrule many jurisdiction actions due to the establishment with the power of judicial review. “The Supreme Court has jurisdiction over cases relating to the Constitution, federal laws, and treaties involving the United States.” (U.S. Supreme Court) This essentially means that the Supreme Court has higher values and little limitations amongst cases. Whether they are different cases in worse situations the particular cases that are brought up to those higher courts, which in this case is the Supreme Court. The Supreme Court has the overrule and power of many things dealt with cases, these are the basic ones that are appointed to them to amend and take action. An great example for a combination of all these disputes of a Supreme Court justice are two court cases that are Brown v. Board of Education (1954) and Gideon v. Wainwright (1963). These cases cased a controversial expressed view with some constitutional scholars believing that the Court’s role is limited to interpreting policy that argues in favor of judicial activism and judicial restraint, by the order of Chief Earl Warren. “At the highest level, the Supreme Court was to consist of six justices, a chief and five associates…” (U.S. Supreme Court) Earl Warren served as fourteenth Chief Justice of the United States.
Citations: "Brown v. Board of Education of Topeka, Kansas." West 's Encyclopedia of American Law. 2005.Encyclopedia.com. 3 May. 2012 . "Gideon v. Wainwright (1963)." American History. ABC-CLIO, 2012. Web. 3 May 2012. "U.S. Supreme Court." American History. ABC-CLIO, 2012. Web. 2 May 2012. "judicial activism and restraint." American History. ABC-CLIO, 2012. Web. 2 May 2012. KERMIT L. HALL. "Gideon v. Wainwright." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 3 May. 2012 . "Plaintiff in Brown v. Board of Education (1954)." Image. AP/Wide World Photos. American Government. ABC-CLIO,2012. Web. 3 May 2012. http://www.brainyquote.com/quotes/authors/e/earl_warren.html http://www.brainyquote.com/quotes/keywords/supreme_court_2.html http://www.uscourts.gov/EducationalResources/ConstitutionResources/LegalLandmarks/HistoryOfBrownVBoardOfEducation.aspx http://law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourtintro.html