Preview

Judicial Activism/ Judical Restraints

Best Essays
Open Document
Open Document
2357 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Activism/ Judical Restraints
AP TERM PAPER
JUDICIAL ACTIVISM/ JUDICAL RESTRAINTS
Ireland Situmeang
AP Government and Politics 4B
Mrs. Bould
April 22, 2012

The Supreme Court receives its powers from Article III of the Constitution. Article III states that “the judicial power of the United States, shall be vested in one Supreme Court, and un such inferior Courts as the Congress may from time to time ordain and establish.” (The Supreme Court in the American System of Government) According to this, the Supreme Court of the United States was admitted by the authority of the Judiciary Act of 1789. The Supreme Court has the power to revenue court cases whether they need to be amended or dismissed. The Supreme Court can overrule many jurisdiction actions due to the establishment with the power of judicial review. “The Supreme Court has jurisdiction over cases relating to the Constitution, federal laws, and treaties involving the United States.” (U.S. Supreme Court) This essentially means that the Supreme Court has higher values and little limitations amongst cases. Whether they are different cases in worse situations the particular cases that are brought up to those higher courts, which in this case is the Supreme Court. The Supreme Court has the overrule and power of many things dealt with cases, these are the basic ones that are appointed to them to amend and take action. An great example for a combination of all these disputes of a Supreme Court justice are two court cases that are Brown v. Board of Education (1954) and Gideon v. Wainwright (1963). These cases cased a controversial expressed view with some constitutional scholars believing that the Court’s role is limited to interpreting policy that argues in favor of judicial activism and judicial restraint, by the order of Chief Earl Warren. “At the highest level, the Supreme Court was to consist of six justices, a chief and five associates…” (U.S. Supreme Court) Earl Warren served as fourteenth Chief Justice of the United States.


Citations: "Brown v. Board of Education of Topeka, Kansas." West 's Encyclopedia of American Law. 2005.Encyclopedia.com. 3 May. 2012 . "Gideon v. Wainwright (1963)." American History. ABC-CLIO, 2012. Web. 3 May 2012. "U.S. Supreme Court." American History. ABC-CLIO, 2012. Web. 2 May 2012. "judicial activism and restraint." American History. ABC-CLIO, 2012. Web. 2 May 2012. KERMIT L. HALL. "Gideon v. Wainwright." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 3 May. 2012 . "Plaintiff in Brown v. Board of Education (1954)." Image. AP/Wide World Photos. American Government. ABC-CLIO,2012. Web. 3 May 2012. http://www.brainyquote.com/quotes/authors/e/earl_warren.html http://www.brainyquote.com/quotes/keywords/supreme_court_2.html http://www.uscourts.gov/EducationalResources/ConstitutionResources/LegalLandmarks/HistoryOfBrownVBoardOfEducation.aspx http://law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourtintro.html
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Brown Vs. Board Of Education Case Study
    • 108 Words
    • 1 Page

    Brown Vs. Board Of Education Case Study

    Brown vs. Board of Education was a Supreme Court case which occurred in 1952-1954. This case was sent to the Supreme Court in which to declare state laws establishing separate public schools for black and white students to be unconstitutional, the phrase “separate but equal” was created. The Brown vs. Board of Education was held on May 17, 1954 in the U.S. Supreme Court of Topeka,Kansas. Important figures of this case was Thurgood Marshall, Linda Brown, Homer Plessy, Dwight D. Eisenhower, and judge Earl Warren. The result of The Brown vs. Board of Education penned this cartoon expressing his dismay at the country's slow progress toward educational integration…

    • 108 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Pros And Cons Of Appellate Court
    • 453 Words
    • 2 Pages

    Pros And Cons Of Appellate Court

    An appellate court is a court that takes initial trial decisions into review upon the outcome being seen as unconstitutional by either the defendant or the government. Congressional act of 1789 Created a supreme court, appoint 6 justices and establish a lower federal court system. Various acts of congress have changed the number of seats in the supreme court over the years. the lowest amounts between 5-6 and the highest 10. In fact after the civil war the seats were fixed to nine, that's 1 chief justice and 8 associate justices of the United states of America.…

    • 453 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Marbury Vs. Madision
    • 549 Words
    • 2 Pages

    Marbury Vs. Madision

    The Judicial Branch consists of the Supreme Court and the judges, and the Supreme Court interprets the U.S. Constitution. The Supreme Court deals with cases involving the Constitution , the federal laws, treaties and disputes between the states. It does the job its set up to do and the job only, on what powers are allowed by the Constitution. The Constitution is very clear about the position of the Supreme Court as stated in Article III. “The judicial power of the United States shall be vested in One Supreme Court and in such inferior courts that the congress may from time to time ordain and establish.: “The judicial power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States and Treaties.”…

    • 549 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    Mamie Phipps Clark's Contribution To The Civil Rights Movement
    • 820 Words
    • 4 Pages

    Mamie Phipps Clark's Contribution To The Civil Rights Movement

    landmark decision in Brown v. the Board of Education, Topeka, Kan. The ruling found public…

    • 820 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    How Can The Supreme Court Rule Law Unconstitutional
    • 596 Words
    • 3 Pages

    How Can The Supreme Court Rule Law Unconstitutional

    The Supreme Court is the highest federal court in the United States. In the Supreme Court are 8 chief justices, all of which are appointed by the president. Justices then serve in the Supreme Court till their death or until they retire. In February of this year the Supreme Court Justice Antonin Scalia died at the age of 79. His death created an even number of justices, going from 9 to 8 currently making it more difficult for them to make decisions due to the fact that I could be tied 4 – 4.…

    • 596 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Essay On Brown Vs Board Of Education
    • 583 Words
    • 3 Pages

    Essay On Brown Vs Board Of Education

    Although the District Court sided with the Board of Education due to their favor with a pervious case of Plessy v. Ferguson court ruling stating “separate but equal”, the Supreme Court took up…

    • 583 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Philosophy Of Judicial Restraint
    • 249 Words
    • 1 Page

    Philosophy Of Judicial Restraint

    I believe that the judicial restraint philosophy is more appropriate for federal judges to follow because, unlike judicial activism, it does not allow judges to expand vague Constitutional principles to fit their own viewpoint and principles. Judicial restraint does not authorize judges to interpret Constitutional texts and laws (conservative or liberal interpretation) in order to serve their own principles, policies, and considered estimates of the vital needs of contemporary society. The judicial restraint policy also ensures that separation of powers is applied justly so that different branches of government do not intervene with the power of the other branch. Also, because the Stare Decisis has a huge impact on future decisions and precedent,…

    • 249 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Explain Judicial Review Using Two Case Examples
    • 1743 Words
    • 7 Pages

    Explain Judicial Review Using Two Case Examples

    As soon as civilizations created constitutions, actions were being called unconstitutional by those who opposed them. In some instances, unconstitutional acts were the subject of revolution, regicide, or as happened in the American political system, the declaration of a Judiciary body. American judicial review can broadly be defined as the power of this such judicial branch of the government to determine whether or not the acts of all branches of the government and government official comply with the Constitution. It derives from the doctrine of "judicial supremacy", which in turn legitimises this definition by declaring that "both the letter and spirit of the Court's constitutional determinations bind all branches of government and government officials." (Siegel, Ely, McCloskey). Originating as far back as the late 1700's, this practice of judicial review, has allowed judges, thus, to maintain limited government and the rule of the people and to uphold the supremacy of the Constitution, by using the power allocated to them "to declare "null and void" any acts of the national government or of the states which they themselves deem contrary to the Constitution." (Irish and Prothro, 522). Thus, in effect the law becomes "what the judges say it is" (Irish and Prothro, 522).…

    • 1743 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Brown V. Board of Education
    • 1331 Words
    • 6 Pages

    Brown V. Board of Education

    Patterson, James T. Brown v. Board of Education : a civil rights milestone and its troubled legacy. Oxford, Oxford University Press, 2001. Chronicles the Supreme Court case Brown v. Board of Education and examines questions regarding the case 's influence on civil rights and desegregation in the years since it was fought.…

    • 1331 Words
    • 6 Pages
    Good Essays
    Read More
  • Good Essays

    Judicial Power And Activism Paper
    • 928 Words
    • 4 Pages

    Judicial Power And Activism Paper

    In this paper I will discuss Texas v. Hopwood, 518 U.S. 1033 (1996), Affirmative Action, the 14th Amendment in relation to how the judicial activism comes back to questions of judicial power.…

    • 928 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Impact of Education Choice on Public Funds
    • 1294 Words
    • 6 Pages

    Impact of Education Choice on Public Funds

    Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. Though the U.S. Supreme Court declared school desegregation in the 1954 ruling on the famous “Brown v. Board of Education" case, the state of Mississippi did not allow racially or ethnically different students to mix together in schools until 1970, sixteen years after the 1954 Supreme Court ruling, according to the Civil Rights Timeline, created by the Mississippi Humanities Council at Southern Mississippi. Brown v. Board of Education prompted parents in Mississippi to create nonpublic and charter schools in efforts to keep schools segregated.…

    • 1294 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Good Essays

    Declaration Of Equality
    • 622 Words
    • 3 Pages

    Declaration Of Equality

    The Declaration of Independence stated that "All men are created equal," due to the slavery, this statement has no relevance in law in the United States until after the Civil War (and, arguably, not completely fulfilled for many years thereafter). In 1865, the Thirteenth Amendment put an end to slavery. Moreover, the Fourteenth Amendment (1868) strengthened the legal rights of newly freed slaves by stating that no state shall deprive anyone of either "due process of law" or of the "equal protection of the law." Finally, the Fifteenth Amendment (1870) prohibiting states from denying anyone the right to vote due to race.…

    • 622 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    The Role Of The Supreme Court In The United States
    • 652 Words
    • 3 Pages

    The Role Of The Supreme Court In The United States

    The United States Supreme Court is the highest federal court to decide the outcome of cases from lower courts. All decisions and outcomes of the case are final, but the case must go through proper channels before going to the Supreme Court. The United States Supreme Court has the authority to overturn, question, and investigate cases that were decided in lower courts. Researchers stated that the President of the United States has the authority to nominate a potential candidate with the advice and agreement of the Senate. Once the Chief Justice of the United States and eight associate justices are appointed, all members have a life contract; however, if they violate the Constitution then they are more likely to be removed after impeachment.…

    • 652 Words
    • 3 Pages
    Good Essays
    Read More
  • Best Essays

    Judicial Review
    • 1589 Words
    • 7 Pages

    Judicial Review

    Cline, A. (2011). Brown v Board of Education. [Review of the book Brown v Board of Education: Caste, Culture, and the Constitution]. About.com. Retrieved from http://atheism.about.com/od/bookreviews/fr/BrownBoardEd.htm…

    • 1589 Words
    • 7 Pages
    Best Essays
    Read More
  • Good Essays

    Plessy V Ferguson Court Case
    • 882 Words
    • 4 Pages

    Plessy V Ferguson Court Case

    Brown v Board of Education when the court reached a decision to overturn segregation and ruled…

    • 882 Words
    • 4 Pages
    Good Essays
    Read More