Can The Power Of The Supreme Court Be Justified In A Democracy

1369 words - 6 pages

Discuss the view that the power of the Supreme Court cannot be justified in a

The Supreme Court: Functions of judiciaries;
judicial independence.
Membership, appointment process and issues of judicial review; accountability and
democratic control. Theories of judicial activism and restraint.

The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically ...view middle of the document...

Secondly in 2010 the court ruled that corporations could not be limited in spending during elections are they had the right to free speech as well (Citizens United vs the FEC (Federal Electoral Commission). President Obama publicly disagreed with the decision but could not change it. The President decides on nominations who are then put under scrutiny while he receives the ‘advise and consent’ of the Senate judiciary committee. There is therefore a small democratic link however it is very weak. Once a Justice is appointed they cannot be removed and are independent of the other political bodies this can be evidenced by Eisenhower’s appointments, a Republican conservative who appointed 2 liberal justices, something he regretted so much so that when asked if there were any regrets after his time in office he replied “I have made two mistakes, and they are both sitting on the Supreme Court”. As stated before the judiciary is independent and once Supreme Justices are appointed they cannot be fired or dismissed this leaves a huge deficit of accountability, a key factor of democracy.

In order for the Supreme Court to be democratically legitimate should be both politically and socially representative. In a diverse country such as the USA it’s extremely difficult to be politically representative however the Court is even less socially representative. There is currently and has only ever been 1 member of the supreme court who is of Hispanic origin compared to the approximately 17% of the population. Furthermore the court doesn’t have a proportionally similar religious make up either with 6 jews and 3 catholics. This is vastly different to the majority of America with no representation for protestants or atheists.

However as the founding fathers designed a system of government with checks and balances, this has meant that there are also restraints on the Supreme Courts power. It is first and for most an ‘appellant’ court. This means that it deals for the most part with cases who decisions have been contested at a lower levels of the US justice system.This limits the courts most significant power as ‘arbiter of the constitution’ as it can only give rulings on cases brought before it. This is best shown with the 2004 Elk Grove Unified School District vs Newdow. . Michael Newdow felt that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The Supreme were going to have to create a ruling on this issue which many commentators believed would be with Newdow however he lost custody making him unable to bring the case to the supreme court as his daughters education was no longer seen as his concern.

When discussing the Supreme Courts powers, its ideological stance must be taken into consideration. The last 50 years has seen the court move from one which believed in judicial activism to one which now practices more...

Other Papers Like Can The Power Of The Supreme Court Be Justified In A Democracy

Was The Bombing Of Hiroshima Justified?

1750 words - 7 pages learned from the nuclear bombings of Hiroshima and Nagasaki that the tragedy wrought by nuclear weapons must never be repeated and that humanity and nuclear weapons cannot coexist” This quotation can tell us how scary and threatening the nuclear bomb was and the impact on many Japanese citizens. Although the quotation only suggested people in Japan as they were the ones who had a first-hand experience, the rest of the world had the same view and

What Constitutional Issue Did The Supreme Court Take The Case To Answer, And What Was Its Answer?

279 words - 2 pages Long Island Sound with the goal of revitalizing the depressed area. A group of home owners, who lived on the targeted land, including Susette Kelo, decided to fight the issue rather than allow their homes to be destroyed. The Supreme Court case of Kelo v. City of New London established that eminent domain can be used for economic redevelopment projects. The U.S. Supreme Court's 5-4 ruling against the homeowners established that the Fifth

How The Spread Of Tuberculosis Can Be Controlled

2154 words - 9 pages How can the mortality rate due to tuberculosis be reduced? Tuberculosis case reports and rates by age group and sex, UK, 2009 Tuberculosis case reports and rates by age group and sex, UK, 2009 Introduction to tuberculosis A major issue in the medical world which biologists attempt to solve is Tuberculosis, an infectious disease that kills millions of males and females every year. It iscaused by Mycobacterium tuberculosis and

The Power Of Language

1771 words - 8 pages away any sense of identity they possessed, turning them into a mere product of the government rather than a human being. They are not here to live a full and happy life on earth, but rather to serve the greater power. Woman were not allowed to hold jobs, and feminists as well as deformed babies were looked at to be subhuman, and worthless. Black and Jewish males were also not deemed to be equal in society. Readers of this book are questions how a

Testing The Discriminating Power Of A Social Participation Questionnaire

1030 words - 5 pages special needs in comparison to those without special needs. This information is important so that teachers may determine when a student, who has been placed in regular education, needs special attention to develop the social interaction skills needed throughout life. To determine if the SPQ can be used to classify the type of disability the student has more research must be done to include a larger sample of students with varying disabilities

The Power Of Culture To Create A Better Future

704 words - 3 pages THE POWER OF CULTURE TO CREATE A BETTER FUTURE Culture is a word, etymologically, driven from the Latin language from the word ‘cultura’ meaning to cultivate. This connotes growing of personality. This entails forming the seed of an individual’s character and life into societal structure. By cultivation, one is schooled in the beliefs and practical attitudes of a particular group of people who own the culture. However, the word culture is most

Developing A Missile: The Power Of Autonomy And Learning

1469 words - 6 pages can improve its operational performance by ensuring inclusion in their team composition, ensuring accountability of all team members regardless of sex, and offering a financial reward for reaching goals established by the stakeholders. First, effective communication strategies can greatly improve productivity and promote a positive culture in organizations and project teams. By developing a culture of inclusion of new team members with openness

Can All Our Problems Be Solved By The Bible?

453 words - 2 pages Ed Peter P. Bucag TREDTRI Midrash (The Coming of Lilith) The story is a point of view changer. It changed what I feel about women and it gave me an idea on how should I treat women. The story is a great story for it can change lives and it bears a message that has strong essence. It made me and my friend, who happens to be a girl, realized that a feminist, like Judith Plaskow, can touch hearts and change lives by fighting for

The Five Bases Of Power

807 words - 4 pages is a very real example of coercive power in my place of work. The law states, that if you fall below 20 hours in a working week, you will be removed from the schedule until you can prove your availability. Robots do not write schedules, or individual employees, but rather an actual human, with human emotions. Say you have a disagreement with a schedule writer, or hurt their feelings, they, unfortunately, have the power to reduce your hours

The Power Of Small Wins

5564 words - 23 pages catalyze and nourish progress--and what does the opposite--turns out to be the key to effectively managing people and their work. In this article, we share what we have learned about the power of progress and how managers can leverage it. We spell out how a focus on progress translates into concrete managerial actions and provide a checklist to help make such behaviors habitual. But to clarify why those actions are so potent, we first describe our

Explore The Idea, “Gender Equity Can Be Achieved By Being Sensitive To Problems Of Both Women And Men”

498 words - 2 pages GENDER EQUITY CAN BE ACHIEVED BY BEING SENSITIVE TOWARDS PROBLEMS OF BOTH MEN AND WOMEN Gender equality is, first and foremost, a human right. Women are entitled to live in dignity and in freedom from want and from fear. Empowering women is also an indispensable tool for advancing development and reducing poverty.One is not born, but rather becomes, a woman. No biological, psychological or economic fate determines the figure that the human

Related Essays

Supreme Court Rise To Power Essay

3569 words - 15 pages Oliver court that laid the foundation for the accomplishment that Marshall made. Oliver accomplishments are played down Marshall huge success as chief justice. Three cases the Ellsworth Court decided were of lasting importance in American jurisprudence. Hylton v. United States 1796 implicitly addressed the Supreme Court's power of judicial review in upholding a federal carriage tax although it would not be until John Marshall succeeded Ellsworth that

Bouvia Versus The Supreme Court Essay

396 words - 2 pages Ethically, the medical staff enforced their code of ethics by doing what was necessary for the patients’ health. The medical professionals in this case did what they thought was the right thing to do by inserting a feeding tube to make sure that Bouvia was receiving the proper nutrition. In healthcare there are several professional standards in which they need to abide by in order to deliver the highest level of quality of care that is

The “Hosanna Tabor” Case In The Us Supreme Court

2788 words - 12 pages the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial

The Finnish Supreme Court And The Liability Of Arbitrators

2228 words - 9 pages conditions may an arbitrator be liable for damages? is his liability contractual or is he liable in tort? What is the effect. of a judgment in subsequent court proceedings, by which an award has been finally set aside on the ground that an arbitrator was disqualified, on the arbitrator's liability? Can the arbitrator raise in the subsequent proceedings the question of whether there was in fact a ground for .challenge? If an award has been set aside