Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. If a Democrat is elected president, the court could shift towards a more liberal direction. How the new president forms the court will differ depending on which party controls the Senate after the…
The pros of lifetime of judges in the Supreme Court are that they do not have to worry about the political pressure or to contribute with money for any political campaign. “The basic purpose of lifetime appointment is to assure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executive branch”. (laws, n.d.). In addition, there are judges in the Supreme Court that worries about make a fair system…
When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of government. As Hamilton pointed out in Federalist 78, the judicial branch “will always be the least dangerous to the political rights of the Constitution” because it “has no influence over the either the sword or the purse, no direction of either the strength or the wealth of society, and can take no action whatsoever.” He says the Court does not have “FORCE nor WILL, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments” (Fed. 78). The Court has the authority to say whether a law is constitutional, and Marshall gives himself that final authority without addressing enforcement, because the power to enforce belongs to the executive. The Court simply writes the opinion.…
| Correct, "Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). Judges hold their seats until they resign, die, or are removed from office.…
Appointing the men to be Justices of the Piece was with in Adams constitutional rights as president. John Marshall says “ The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then…
Supreme court members are guaranteed a job for a life time, by accepting a job in the supreme court you make a promise to your country. Many justices make their decisions based of the constitution in either a liberal or conservative way based off their…
This means that the Justices may hold office until they die, reign, or are impeached. Impeachment is the only exception to the phrase good behavior. As it states in Article II that Supreme Court justices can be removed from office by impeachment, just as the president and vice president can. Only one Justice, Samuel Chase, was ever impeached and that was in 1804.…
Earl Warren served as Chief Justice on the U.S Supreme Court from 1953-1969, before which he had served as Attorney General of California in 1938 and soon after served as the Governor of California. It was clear that Warren had become more liberal with age and as Chief Justice he believed “the Court [was]as a protector of the public, the means to restore ethics and mind the conducts of legislators.” (Oyez) The Warren court and its decisions brought about a significant amount of social change, rooted in establishing racial equality and protecting civil liberties. For this, the Warren Court is mistakenly labeled as liberal. The court’s decisions, especially those of Chief Justice Warren, reflected a kind of progressive thinking. Warren navigated…
The Federal Court System contains three levels of courts: first, U.S district courts and various courts of limited jurisdiction (trial courts of general jurisdiction). Second, U.S courts of appeals (intermediate courts of appeals). Finally, the highest level of the three level federal court system is the United State Supreme Court. Today, the United State Supreme Court is located in Washington D.C.…
One of the major jobs for the federal judges is to protect the United States from the “tyranny of the majority”. Furthermore, even if the majority rules, the minority still has rights. Many components of the Bill of Rights, which the judges are called to enforce, are designed to protect the rights of the unpopular minorities. Being a Supreme Court judge is a difficult job, and even with life tenure, they are not completely immune from political pressure. They remain members of society; therefore it is difficult to allow things to happen even if they know it is morally wrong, but constitutionally…
"[The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later, in article 3 section 2, the Judicial branch is granted power that “extend[s] to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” The Judicial branch has explicit power to interpret the intent of past laws, treaties made, and…
During their tenure, a Justice will be able to continue learning and understanding the law, so that in every situation they know what is constitutional and unconstitutional. Confucius once said, “Study the past if you would define the future.” The decisions of Supreme Court Justices have led to many new laws. However, those decisions are made by justices who have been doing that for a while. These Supreme Court Justices understand our past, the decisions, laws, and consequences, and know how to act upon that because of their prolonged tenure as justices. Under no circumstance does anybody just stop learning, so Justices will be ripe with knowledge until their time is done, they choose to step down, or are impeached. Therefore, Supreme Court Justices life tenure helps them understand and master their role in the Supreme…
Supreme Court justices have a serious job of determining if something is unconstitutional or not. As with any big decision, there is a precise manor in which the justices decide weather an act is unconstitutional. There are three models that’s the courts follow. The first is the legal model. The legal model states that the court can base their rulings off of the previous rulings of the lower courts. The positive of this model is that the Supreme Court justices have a good background on what went on in the previous court and they can use that in order to interpret the constitution. The negative of this model is that the justices don’t have a clean interpretation of what happened. They are basing all of their knowledge on the last judges ruling,…
One of the primary foundations for the power which it exercises over the American judicial system is the basics of judicial review. This power consists of the ability of the Supreme Court to decide upon “review” that a piece of some form of Government action is not permitted under the Constitution and can be deemed “unconstitutional”. The Supreme Court established this idea early in its existence and was empowered as a vital institution in the American Government primarily by exercising it. Judicial review is controversial because an unelected group is charged with interpreting the Constitution and the validity of laws affecting the population. Judicial review should be void of all political favoring, however, the power granted to a body that is not accountable to the public can be seen as an imbalance in the checks and balances intended by the three branch system of democracy in the United States.…
Many justices are approaching an age at which they can retire, and the next justices elected to the supreme court will heavily influence the U.S. for years, possibly decades. The next justices will most likely be elected according to the next president's views. However, the president should elect justice who will be best for the country as a whole, not just according to their own views. The next president must be able to think about the entire nation when electing justices. They must show leadership by listening to others, and not just…