4.) Assess the leadership of John Marshall as Chief Justice of the U.S. Supreme Court.…
In 1803, a single case managed to change how America's government would be run forever. In John Adams' last few days as president, he appointed a small group of Federalists into power. When Thomas Jefferson was elected into office, and he told James Madison to not bring the commissions to an appointed “midnight judge” named William Marbury. This gave the newly appointed Chief Justice, John Marshall, a great opportunity to spread his Federalist influence deeper into the American government. When Marbury found out that his commission was being held back by Madison, he sued for its delivery.…
Firstly, a major principal characteristic of the Roberts Court is over turning congressional and state legislation in order to achieve conservative goals. The Roberts court is finding laws unconstitutional and reversing precedent, two measures of activism. But the ideological direction of the court’s activism has undergone a marked change toward conservative results. The Roberts Court issued conservative decisions 58% of the time in its first 5 years throughout all cases. The Burger and Rehnquist courts issued conservative decisions 55% and the lowest from the Warren courts, which issued conservative decisions only 34% of the time. The incline in conservative decisions gives evidence that there is a growing number of people who favour this strict and traditional form of court rulings and decision making as opposed to Roberts immediate predecessors who display a more modern and loose approach to the US political system…
Oliver Wendell Holmes was appointed to the U.S. Supreme court by President Roosevelt in 1901. He was in office for 30 years until 1932, when he retired at the age of 90. This long dedication to his job and the number of young lawyers who studied under him led Oliver to have an immense influence on the judicial system in America. Holmes’s philosophy was based not on morals but on whims of the majority. Moreover, he stated that law corresponds to that which is thought to be convenient at any given time.…
It goes back to the election of 1800, when Thomas Jefferson of democrat republicans beat the federalists of John Adams. One of the most historic U.S supreme court cases to begin to emerge and develop an a effect on U.S history today was the case of William Marbury, v. James Madison. Explaining the origins and background of the case, I will discuss the major constitutional issues it raised while outlining the major points of the courts decision and the significance of the decision.…
William Marbury, one of Adam’s last-minute appointees, had sued Secretary of State James Madison for refusing to certify his appointment to the federal bench. Chief John Marshall was a Federalist, and his sympathies were with Marbury, but Marshall was not certain that court could force Jefferson to accept Marbury’s appointment. Marshall now had the responsibility for reviewing the constitutionality of Congressional acts (judicial review). Marshall worked to strengthen the doctrine and, thus, the court.…
The former Supreme Court Chief Justice Warren Burger who served from 1969-1986 and was the 15th Chief Justice of the Supreme Court. Burger was nominated in 1969 by President Richard Nixon to replace former Chief Justice Earl Warren. During his 17 years that he served as the Chief Justice of the Supreme Court of the United States, Burger helped make decisions on many Supreme Court cases during the time of the Burger Court. Burger’s work has changed how the judiciary system now works and changed many laws to make the United States a better place.…
Since his appointment in 1986 by former President Ronald Reagan, former Associate Justice Antonin Scalia served as the Supreme Court’s most renowned conservative. Acting as a sort of conservative judicial giant in the world of American politics, Justice Scalia’s appointment provided a beacon of hope for the political conservatives of the 1980’s, up until his recent death in February 13, 2016. He accomplished many great things in his tenure, and he is perhaps most remembered for his written opinions, which brought much public attention to the Supreme Court and its actions, in a way that has never been achieved by his contemporaries. In fact, he has been a tremendous influence on how Americans view the law and the constitution, from those interested…
Since the Supreme Court was established in 1789, it has ruled on some of the biggest issues in the United States. Most of the rulings by the Supreme Court effect Americans everyday. Earl Warren was the 14th chief justice of the Supreme Court and saw some of the most important cases in the history of the United States and many are still in effect today. The Warren court heavily believed in improving the civil liberties of the people. His ruling on Gideon v. Wainwright is no different.…
The Supreme Court of the United States was created by the Article Three, Section One of the Constitution and plays an incredibly important role in the balance of power within the United States. To that extent, it’s important to know the judicial philosophies of the judges who sit on the highest court in the United States. These philosophies are responsible for influencing lives of Americans depending on how they are recognized and implemented. It becomes even more imperative to understand with the knowledge that the court itself appoints a new justice, on average of every two years. (Regan, 2015, p. 18) With how influential their cases can be, it’s also important to understand how it can affect the nation as a whole, when those philosophies…
The President appointed Justice Stewart on the bases that his “high profile in the Ohio bar made him an attractive candidate for the 6th Circuit Court of Appeals, where he served for the next four years. He was widely respected for his confidence and efficiency as an appellate judge, and Eisenhower returned to him in 1958 when a seat opened on the Supreme Court” (“Potter Stewart -Further Readings”). The Senate vote on the appointment of Justice Stewart was a 70- 17 vote The ideology was seen embracing was judicial restraint . He stated when asked about his judicial philosophy, “ I'd like to be thought of as a lawyer” . By this he meant that he saw the proper function of a judge as interpreting the law as it applies to a particular case and not attempting to assert judicial influence over matters he saw the best left to the legislature . In turn this led to him being the swing vote on many cases” (Oyez). However, Stewart was very unpredictable in his ruling depending on the case since played the role of a lawyer. Justice Stewart appeared to change his judicial philosophy while sitting on the US Supreme Court by exercising judicial activism when civil liberty cases were brought to the court. “During his tenure, landmark decisions were handed down on press freedom, and without assuming an absolutist stance, Stewart indicated and judicial opinions and extrajudicial commentary that he believed that the press deserves a special place among American institutions” As a “journalist and chairman of the Yale Daily News”, he “advocated a preferred position for the organized press, which he understood the framers of the Constitution to have intended in order to assure the press’ autonomy” (Oyez); (Comegys 159). Stewart supported cases in favor of civil liberties, and despite his pragmatism, or…
The American Supreme Court has been in place ever since the Judiciary Act of 1789. Since then, a number of important precedential cases have been tackled by the judges of the court. One of these aforementioned cases is that of 1807’s United State v. Aaron Burr, in which the fledgling court prosecuted Aaron Burr on account of treason.…
The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…
Born on September 15, 1857 to a prominent political family, William Howard Taft aspired to have a job of sitting on the United States Supreme Court from a very young age. Taft’s father, Alphonso Taft, was very politically involved. He was a well known Republican attorney and a distinguished judge in the Cincinnati area. Alphonso Taft held many high positions such as Secretary of War and Attorney General under President Grant, and an ambassador to Austria-Hungary and Russia under President Chester Arthur. Trailing in the legacy left behind by Taft’s father and his…
Throughout American history, decisions made by the Supreme Court have profoundly affected society. According to the idea of judicial review, the Supreme Court is able to make final determination on whether or not a law is constitutional or unconstitutional. With this idea of judicial review, the Supreme Court made many influential decisions which has shaped society into the way it is today. Decisions of the Supreme Court can have a huge impact on the country. Throughout United States history, court decisions have rocked the nation and have totally changed how the government runs things.…