The US Supreme Court (10.5.12) The Supreme Court in the US gets its power and authority from Article 3 of the Constitution that provides for judicial authority in the country to be vested with the Supreme Court, which currently comprises of eight justices and a chief justice who have equal voting powers…
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For the appointment of a Supreme Court Judge to be confirmed by the Senate, a simple majority is required. Judges of the Supreme Court can be impeached and removed from office if they are found to be involved in misdemeanour or criminal activities (Abraham, 1992). The existence of the US Supreme Court is a necessity because of the roles it plays in several aspects of the legal framework of the country, such as its support for the civil rights movement, which received legal sanctity with the passing of the Civil Rights Act of 1964. This was a ground-breaking legislation in the country because it did away with most forms of discrimination against women and Blacks and with racial segregation. The Civil Rights Act of 1964 legally eliminated discrimination in voter registration as well as racial discrimination in educational institutions and at the work place. However, during the initial years, the constitutional validity of the Civil Rights Act was disputed in the context of its applicability to the private sector. In many of the important civil rights hearings, the US Supreme Court had held that Congress was not legally empowered to prevent discriminatory practices in the private sector. ...
This ruling marked the beginning of the effectiveness of the separate but equal concept in the US. In 1971, the US Supreme Court held in the case titled Griggs v. Duke Power Co that the Civil Rights Act of 1964 does not permit discrimination at the work place and also that employers cannot adopt practices that are discriminatory towards women and minorities. In case titled University of Alabama v. Garrett, the Supreme Court held that the 11th Amendment did not permit state employees to file applications in federal courts to seek financial compensation for discriminatory practices used by employers in violation of the Americans with Disabilites Act. This decision revealed that the Supreme Court has not been favourable in regard to civil rights issues. It held that even if the state’s actions are indicative of being hard hearted, they may not necessarily violate provisions of the Constitution (The Leadership Conference, 2012). The US Supreme Court is a democratically legitimate institution because it acts under the given provisions and its judges are elected in keeping with the due process of law. However, the appointment of Supreme Court judges during the President Roosevelt’s time came under cloud because between 1933 and 1937, the Supreme Court had declared six of Roosevelt's eight major New Deal programs unconstitutional. Roosevelt wanted to prevent the Supreme Court from rejecting his future New Deal proposals and he reacted by introducing a scheme whereby new judges would be appointed to the Supreme Court and who would be supportive of his plans (Crawford, 2008). Roosevelt introduced a plan that gave him authority to appoint a new judge for
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One of the main functions of the Supreme Court is to pass judgment on the constitutionality of laws passed by Congress. When the Supreme Court passed judgment over the health care laws, it was just exercising its power of judicial review. This power is based on the need to secure the rights of the minority in relation to the majority electorate and the need to ensure justice and fairness for the people.
This case requires an explicit legal based decision on whether the interception of Mr. Doe’s text messages via a cloned phone was but an unreasonable search and seizure, exceeding the provisions of the Fourth Amendment. The degree to which the principles of search and seizure promotes legitimate collective interests must not be lost.
This is because many convicts, who end up executed, later prove to be innocent after the reconsideration of the judgment imposed upon them. Taking of an individual`s life has proved to be inappropriate. (Supreme Court,
The case related to the area of criminal justice, and is interesting to be viewed, first of all, for the reason of being yet undecided by the Supreme Court, and second, for the reason that it touches the argumentative application of the innocence notion by the Court, which the appellant tries to prove to be erroneous.
hange, the Court is a body of nine justices, all with different agendas and varying background” and “it is a very human institution that is and will always be affected by political ideologies and personal feelings” (Politics in the Supreme Court,” 2006, p. 1). The root
Every Friday the justices meet to discuss the cases that appeared before them that week. Upon reaching a decision, a written Opinion of the Court is issued. This is the decision of the majority of the justices and an explanation of their reasoning.
Constitution Article 2 Section 2") and "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office." ("U.S.
Regardless, in more than 50% of acquittals from prison based on DNA evidence, wrong eyewitness identification was the primary cause of the sentence. Either way, eyewitness identification usually determines the result of criminal
The American government is divided into various arms which perform different functions. The arms include the judiciary, legislature and the executive. Every branch of the government has distinctive functions which they perform independent of the other branches. To achieve this each has their specific roles which they perform as led by their leaders.
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