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Political philosophy and the constitution/supreme court - Essay Example

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He continues to argue that the power of the court must wholly depend on the assistance of the executive in exercising its judgments. During the Lochner era,…
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Political philosophy and the constitution/supreme court
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Download file to see previous pages Hamilton did not agree to that since he firmly stood on the opinion that the will of the court may not be guaranteed by public confidence. He also argues that the support of the government is required since the executive as a branch recognizes the importance of the court’s judgment. The Supreme Court should not involve public participation when deciding cases. The reason is that the introduction of scientific public polls that measured public support for the court built an important shift in the balance of political power. It also created the court’s understanding of legitimacy. In addition, the ability to have public support for the court made the confidence of the public on the court more real in the imagination of the public. Therefore it is wise enough to support Hew’s view that the court only exercises judgment in neither sword nor purse.
In the United States, thirty-nine states use elections to retain or choose new judges. Of the 39 states, 31 prohibit election candidates from personally soliciting contributions for the campaign. According to Mathew Menendez, who is the counsel to the project of Democracy at the Brenan Centre for justice, these provisions are prophylactic. He also argues that there is an arms race if you lack them. There is also a risk that removing more of the protections towards these arms could lead to reduced public confidence towards the courts (Brown, Para 2).
One of the rules in the 31 states, Canon seven C, subsection one of the judicial conduct code in Florida is that the Canon prohibits judicial election candidates from soliciting attorneys in favor of public endorsements. However, it only allows the creation of campaign committees for candidates to solicit attorney endorsements and money. In May, the Supreme Court rejected a First Amendment challenge to the Canon raised by Lanell Williams-Yulee, who is a non-judge candidate for the court in Hillsborough County. She was charged by the Florida of ...Download file to see next pagesRead More
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