Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the debate, believing that the bill would be ruled unconstitutional by the Supreme Court in that it violated first amendment laws, among other things (Robertson 2004,-page 234). When the voted for or signed the bill as the case may have been, they believed that the court would ultimately overrule the other branches by finding the proposed legislation unconstitutional based on the text of the law itself. The Supreme Court, however, did not agree with this perspective and ruled the law legal. The Congress was so focused on being bipartisan and cooperative because they felt the court would never let the bill pass into law. The other branches essentially expected the Court to do their job for them, namely kill an illegal piece of legislation.
One negative component to this book, or at least a component that was not pertinent to the argument had to do with the issue of Christianity in the judiciary. In this country, there is supposed to be a separation between church and state. The religion of those founders, including the members of the first Supreme Court may have been Christian. It can even be logically asserted that their Christian beliefs formed the basis of their system of moral right and wrong which helped the other founders write the Constitution and the laws of the United States in the first place. However, Robertson takes far too much time to discuss this relationship between religion and politics. Robertson is known for conservative views based on strict Christian interpretation and has often used religion as the basis for arguments regarding politics and legislation. In this, his credibility comes into question because he is not examining the issue through the sterile lens of a reporter or political scientist. In an
He is looking for ways to further promote his religious beliefs and to extent a religious perspective on the laws of the land, which is illegal according to the constitution Robertson, claims to be so concerned about and forces the reader to question the proven assertions he says.
Overall, it can be seen that Robertson makes an interesting and important point. The Supreme Court is taking on powers that were not originally given it by the Constitution. They have in the past applied amendments of that document to situations where it did not seem to fit. At the same time, he makes a religious appeal which has no place in a political debate as the First Amendment clearly grants the citizens the right to religious beliefs of their choosing. If the reader takes his point into account and weeds out the religiosity, then it is a text worth reading.
Works Cited
Appel, J.M. (2009, August 22). Anticipating the incapacitated justice. Huffington Post.
Center for Internet and Society. (2005). Pat Robertson suggests that Muslims shouldn't serve as judges. Stanford University Press: Stanford, CA. Retrieved from http://cyberlaw.stanford.edu/blogs/chander/archives/003105.shtml
Robertson, P. (2004). Courting Disaster: How the Supreme Court is usurping the Power of Congress and the People. Integrity: Brentwood, TN.
Courts and the Investigation Process There are many aspects to investigations as they pertain to courts and upholding the law. An investigation is systematic inquiry to determine the facts surrounding an event or situation to determine who, what, where, when, how, and why an event or incident occurred that might be of particular interest to the courts. In the modern age, mainly due to anti-terrorism enforcement, US lawmakers and courts have
However, it is unlikely that one system will ever be sacrificed entirely. Also, there are cases when jurisdiction between federal and state overlap, such as "any lawsuit where citizens of different states are involved in disputes concerning at least $50,000, the person being sued can insist on federal court," and "some criminal acts that involve single events or multiple events that violate both federal and state laws simultaneously ("Michigan
Firstly, a legal representative provides professional services, for which he or she is rewarded. A favorable outcome should then also carry with it extra rewards. Furthermore, a contingency fee can provide an incentive for legal representatives to give their best work and increase the likelihood of a favorable outcome. 5) the only reform of the legal process for tort actions that I would suggest is a more thorough investigation of
The results of these judicial performance evaluations then are dispersed to the public (Missouri Nonpartisan Court Plan, n.d.). The Missouri Plan has been surrounded by disagreement since it was first proposed. Controversy persists over the advantages, disadvantages, and effects, if any, of merit plans on the quality of the judiciary. The passage of time has not resolved the debate. Rather, additional issues have come about in response to legal, political,
Courts in World Cultures -- a Report on China China Discrimination is one of the most critical issues of the present times. It refers to the societal practices and behaviors which deprive a certain group of people or minorities from enjoying equal rights in a society (Yang & Li, 2009). Discrimination separates people on the basis of racial and ethnical differences, religious beliefs, gender, class and power, etc. To encounter this
Judiciary Role The author of this report is tasked with discussing whether courts can help solve complex problems. Of course, the guiding documents and many of the amendments to the United States Constitution were written a century or two ago but these are the documents that are supposed to be guiding the decisions made by courts of all levels. This would range from district courts to circuit courts and all of
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now