Free

Summary - Essay Example

Comments (0) Cite this document
Summary
when the court ruled against validation of military commissions for enemy fighters in Hamdan v. Rumsfeld. The court’s ruling led to a conventional view where conservatives insisted that they were close to victory in…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER99% of users find it useful
Summary
Read TextPreview

Extract of sample "Summary"

Ideologies Of Supreme Court Justices In US Introduction A national debate arose over presidential powersin the U.S. when the court ruled against validation of military commissions for enemy fighters in Hamdan v. Rumsfeld. The court’s ruling led to a conventional view where conservatives insisted that they were close to victory in Hamdan. Liberals worried so much about this issue. There was a belief that justices will never change the course of their tenures. The conventional view faced many challenges and implications. Professor Strauss has a view that Justices don’t reverse their beliefs with time to adjust to the dynamic legal environment. It was assumed that there was lack of change in ideologies among the Justices. This conventional view is a result of empirical observation and intuition. One of the main challenges is the study done on voting of justices. In civil liberties, writers reached a conclusion that the rulings of seven Justices (Burton, Burger, Harlan, Brennan, Jackson, Stewart and Marshall) remained unchanged over the period of their careers. The others however, changed in significant ways. There was a great need to resolve the debate that had come up. There was need to reconsider the appointment of justices. In trending to the left, we consider Justice Blackmun, who was among the twelve Justices. He said that when Justices go on Supreme Court their constitutional philosophies are not fully developed. Douglas and Harlan moved to the right and later changed to the left. When appointing a justice, we should ensure that we share the same ideologies with him.
Ideological values and votes of US Supreme Court justices
Supreme court justices are assumed to have strong dependent votes basing on their personal policies and values. Herman Pritchett’s The Roosevelt Court (1948) examines dissents and voting blocks of Justices. The court allows Justices to be dependent because there is no electoral accountability and the idea that the Supreme Court gives the last and final ruling. Justices are believed to be granted independent powers so that their rulings and not influenced by other parties. Their rulings hence are considered fair and just. Perceived values are not regarded as perfect ideologies of Supreme Court justices. The dependence granted to justices, therefore, renders their voting behavior unpredictable. There is a high correlation between the justices’ votes in civil society and their ideological values.
Separation of powers in the positive theory of congress and courts.
Here we consider how powers are separated in courts. We shall consider the attitudinal model and the model of separation of powers. In attitudinal model, judges make rulings basing on the facts of the cases and not their ideologies and values. In the model of separation of powers, Brian Marks, one of the firs scholars says that the status quo come first. After the status quo, the courts react. The congress can adopt or refuse the committee’s proposal without any amendment. The court is assumed to have perfect and complete information i.e. justices have complete and perfect information concerning the congress. Enforced statutory interpretation and one-dimensional issues are also assumed. There are also assumptions about the congress like costless legislation/salience and limited veto points (Saul and Brenner, 55-649). There are several assumptions concerning congress/court interactions like last licks, exogenous judicial preferences. The legislative process can be divided into three models: multiple veto model, party caucus model and the committee gatekeeping model. We also have further tests which include the inferential measures of attitudes and median voters. Considering the Supreme Court in the U.S, the theoretical and empirical results pose doubts on the issue of the voting of justices. If we base on the multiple veto, then the courts are considered rational in voting. Observations have shown that justices are not dynamic when it comes to adjusting to the ever-changing political environment.
Conclusions
The congress disagrees with the courts in making some decisions. This disagreement explains why the justices need to change and respond to the new environment. However, the federal judiciary shall remain independent to ensure that fairness and justice prevail.
Work Cited
Saul., Brenner. "The New Certiorari Game." Journal of Politics (1979): 55-649. Print. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Summary Essay Example | Topics and Well Written Essays - 500 words - 156”, n.d.)
Summary Essay Example | Topics and Well Written Essays - 500 words - 156. Retrieved from https://studentshare.org/english/1671710-summary
(Summary Essay Example | Topics and Well Written Essays - 500 Words - 156)
Summary Essay Example | Topics and Well Written Essays - 500 Words - 156. https://studentshare.org/english/1671710-summary.
“Summary Essay Example | Topics and Well Written Essays - 500 Words - 156”, n.d. https://studentshare.org/english/1671710-summary.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Summary

Summary

...? Should Juvenile Courts be abolished? The makers of the constitution were right to distinguish between adults and youth. Perhaps their reasoning was different, but the aim is relevant even today. The age of an individual in most cases determines their ability to make choices and, therefore, respond to society’s upheaval. In the same light, juvenile courts have the same purpose as the constitution. This purpose is protecting minors from facing legal actions that exceed the magnitude of their actions and intentions. As such the system should maintain the juvenile courts. Vincent Schiraldi and Jason Ziedenberg in their article the Florida experiment delve into the negative realities of sending youth offenders to adult courts... Should Juvenile...
3 Pages(750 words)Essay

Summary

...?Decision-Making: Summary Report Highlights a Rise in Reverse Mortgages” The influence of decision making on borrowing has been discussed in the article. Evidently, marketing strategies have been developed in such way as to impact the decision-making of potential borrowers – people of the older generation. That is why advertising features celebrity figures and contains false appeals to government aid. The people born in the period just after the World War 2, the so-called “baby-boomers”, are about to transform a part of the financial industry. Specifically, this is reverse mortgages – such loan in which homeowners of the older generation borrow against their home’s value (Wyatt, 2012). Reverse mortgages have drastically...
5 Pages(1250 words)Essay

Summary

...? Summary Overview The chapter will be directed towards explaining the organizational theory as a constraint of democracy. Decision making is the most important criteria of a democratic government which will lead to the establishment of ultimate welfare of the individuals in the society. But bureaucracy and its characteristics has developed within the democratic countries of the world and limited the effectiveness of the democracy. The relation between bureaucracy and democracy will be also analyzed and provision for potential solution towards establishment of effective democracy will also be made. Democracy and decision making Involvement with an array of relationship among the individuals (bestowed with the right to...
4 Pages(1000 words)Book Report/Review

Summary

...? The case study, ‘Understanding a Development Miracle: China’ is highly relevant and explores the factors that have been responsible for its unprecedented 9% rate of economic growth from 1978 to 2006. The per capital income has increased five times and poverty has come down from 51% in 1978 to 8% in 2006. China’s remarkable success in international market has been hailed as an exemplary example of success for developing economy. The major reasons that contributed to its success have been its near homogenous demographic structure, phased manner of introducing free market structure and continuation of state control on vital fields of socio-economic growth. It had also adopted ‘active industrial policies’ that lured foreign... The case study,...
1 Pages(250 words)Assignment

Summary

...? EDUCATION IN AMERICA To have a successful country, you must have an educated citizenry. Few things are more important than education. With it people can leave behind their class or status and leapfrog over others. They are more productive and more informed. Real education is found in schools, and America has many of these. But it is important to understand where these schools came from and where they are going. These three articles provide a great deal of insight into this question. Each of these authors presents facts and opinions about the American education system and tries to persuade us of their views. In Rudolph’s article, the history of American universities is presented. From the earliest days, the struggle of those who... EDUCATION ...
2 Pages(500 words)Essay

Summary

...?Canada is a multicultural society that is committed to have a free society. At the same time, I understand that policy makers need to preserve common Canadian culture and heritage and ensure that it is not compromised by invasion from foreign media sources. American contents, historically, dominated the show broadcasted by Canadian TV stations with Canadian advertisements. It is not good to see economics prevailing Canadian television and Canadian culture taking secondary importance. Advocates of Canadian television’s sovereignty point that the biggest enemy of Canadian television is US because of its cultural and social invasion: culturally, because American television culture is seen as degraded form of entertainment... is a multicultural...
2 Pages(500 words)Essay

Summary

...?Running Head The Leader Of The Future The Leader of the Future Management [Pick the Summary: The Leader of the Future The Leader of the Future is a collective attempt to offer leaders of today the approaches that can help them in the future, approaches that can assist them in formalizing and adopt new visions, strategies and appropriate practices for the new era. The work of many management gurus was combined and certain common or important individual characteristics were identified and compiled together by Frances Hesselbein, Marshall Goldsmith and Richard Beckhard. The Leader of the future would emphasize and attach greatest importance to the Human Resources of the organization and the resulting actions and established...
3 Pages(750 words)Assignment

Summary

...Summary: In Defense of Prejudice: Why Incendiary Speech Must Be Protected According to the article, “In Defense of Prejudice: Why Incendiary Speech Must Be Protected,” regulation of prejudice has become a comprehensive facet that has proved challenging. This implies that in some situations, prejudice has caused confusion and there is a feeling for the modification of the statements regarded as hate speech as well as the policies regulating prejudice. The author’s main idea in the article is that prejudice is complex and has advanced beyond the barriers of the previous considerations. Therefore, prejudice should only be redefined for proper regulation and people should not think of totally eradicating prejudice. Prejudice...
3 Pages(750 words)Essay

Summary

...? Tourism Summary Insert Insert Grade Insert Insert The research “Businessman or host? Individual differences between entrepreneurs and small business owners in the hospitality industry” by Wagener, Gorgievski and Rijsdijk (2010) is based on the importance of SMEs in today’s economy. The researchers acknowledges that there is a wide body of study that has covered the importance of SMEs to economies even though there is a gap in the study of the differences that exist among business owners. As a result, the study is conducted to be able to differentiate between entrepreneurial business owners and small business owners in hospitality industry. The differences identified by the authors through a review of available...
4 Pages(1000 words)Essay

Summary

...Summary Content-Based Instruction Can Make ESL Teaching More Efficient in Korea One of the sources used for this essay (Met, 1991) makes an analogy between English study and learning how to play a musical instrument to demonstrate the chancy character of ESL instruction through the common practice of concentrating the lessons on grammar. The language-focused ESL class is compared to a music class that confines its studies to the mastery of musical keys, scales and notes. No meaningful results can be expected from this instructional method if the music students do not get their hands on the musical instrument of their choice and actually play it on a regular basis until they do it right. In the same manner, ESL students...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Summary for FREE!

Contact Us