Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from essay:
Supreme Court and Public Opinion
The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal and state courts regarding issues of Constitutional and Federal law. The sitting justices are nominated by the President, confirmed by the Senate, and are lifetime appointees unless they retire, resign, or are impeached (United States Constitution - Article III, 2011). As the highest court in the nation, then, we must ask if the Court influences public opinion, or is it the social and cultural processes rising from the public that influence the Constitutional interpretation from the Court?
The Justices, of course, since they are appointed by the President, have their own specific political and social views. The primary job of the Court, however, is to interpret the Constitution as a living document. The popular view, however, that the Court is sharply divided under political or ideological lines (conservative, moderate, liberal) is more of a preconception or caricature. For instance, in 2009, half the cases that were decided were unanimous, 20% with a 5-to-4 vote and less than 10 total cases fit the liberal/conservative divide (Goldstein, 2010). This, of course, does not mean that the decisions of the high court do not influence society in politicized ways, but the influence tends to be more on an interpretive basis than strictly ideological.
Each Justice, though, has clerks that they hire based on legal promise and view. These clerks are given considerable leeway in the opinions they draft for the Justices. From the 1940s into the 1980s these positions were rather unpartisan, but after the 1990s political affiliations become more the voice for certain agendas even becoming more like the political branches of the government. "We are getting a composition of the clerk workforce that is getting to be like the House of Representatives. Each side is putting forward only ideological purists." The Judges seem far more likely to hire clerks who worked for either conservative or liberal judges, or those appointed by more partisan lines (Liptak, 2010). One prominent law review stated that these trends tend to make the public view that Court politicization and polarization is more pronounced than voting shows, giving the public the idea that the high court is "a super legislature responding to ideological arguments rather than a legal institution responding to concerns grounded in the rule of law" (Nelson, W., et al., 2009).
The Process and the Public
The Supreme Court does not take every case placed before it. The Court may review any case in the Federal Court of appeals, but most cases come to the court through writs of certiorari. Cases must go through a process to reach the court and must hold interest for Court Justices, as well as be considered important enough to rule based on the Constitutionality of the case. The Court also has final jurisdiction on cases that involve state vs. state, or the state against the federal government. In a given year, the Court receives about 7,000 petitions, but is able to hear oral arguments or briefs in less than 100. In a sense, this is a selection process that culls what the Court thinks is important, and thus sends a message to the public about what social issues are important. Thus, not only do the decisions of the Court mitigate public opinion, but even if the decision is not made in favor of a view, the message is sent based on case selection. This would indicate that the impact of more broad trends in the ideology of the public mood is linked "through the effects of public opinion on the ideological composition of Congress and the party of the President and, via these linkages, thorough changes in the [overall] ideological composition of the Supreme Court" (Mishler & Sheehan, 1993, p.96).
At the conclusion of oral arguments, cases are submitted into a decision que. Within the term of the court, there is no particularly time obligation to release a decision. A meeting is held and preliminary votes tallied, and the most senior Justice in the majority assigns the initial draft of the Court's official opinion to a Justice…[continue]
"Supreme Court And Public Opinion The Supreme" (2012, May 19) Retrieved December 7, 2016, from http://www.paperdue.com/essay/supreme-court-and-public-opinion-the-80040
"Supreme Court And Public Opinion The Supreme" 19 May 2012. Web.7 December. 2016. <http://www.paperdue.com/essay/supreme-court-and-public-opinion-the-80040>
"Supreme Court And Public Opinion The Supreme", 19 May 2012, Accessed.7 December. 2016, http://www.paperdue.com/essay/supreme-court-and-public-opinion-the-80040
Marbury v. Madison Supreme Court Case Study Every year Supreme Court provides decision in cases that really impact the American citizen's rights. The aim of this analysis is to keenly check cases handled by the Supreme Court and the way they were given their final verdict. The parties involved sometimes get that the cases favor them or not depending on the existing laws or even through undermining the constitution. The case in
Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be writing laws as clearly as could be or that the vagaries of language often make it difficult to do so without some form of
Supreme Court Summary Case: Snyder v. Phelps Docket Number: 09-751 Petitioner: Albert Snyder Respondent: Fred W. Phelps, Sr. Facts of the Case: The family members of Marine Lance Cpl. Matthew Snyder filed a lawsuit against the members of the Westboro Baptist Church of Louisiana. The members of the church had picketed at Snyder's funeral. The family alleged that the church members were guilty of defamation, invasion of privacy, and intentionally inflicting emotional distress to the Snyders.
Supreme Court Justices Chief Justice John G. Roberts Biography John Glover Roberts Jr. was born on January 27, 1955, in Buffalo, New York. Roberts grew up with three sisters, Kathy, Peggy, and Barbara and his mother Rosemary. His father, John Sr., a plant manager at Bethlehem Steel, moved the family to Long Beach, Indiana, when Roberts was in fourth grade. After grade school Roberts attended La Lumiere School, a Roman Catholic boarding school
Three decades following the original Court decision, many Americans continued to believe that the Roe v. Wade decision was morally wrong and strongly believed that it should, and could, be overturned. Other Americans, however, continued to just as strongly support the Roe v. Wade original decision. They had a deep moral belief that a woman should not be coerced by the country's law to bear a child if, for
That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less. Eight justices did concur that Congress has the responsibility to require corporations to disclose their spending and to run disclaimers with their advertisements, for "disclosure permits citizens and shareholders to
" For most this is generally seen as a reference to the Federal Judiciary. One thinks of the Warren Court, and the great number of decisions concerning civil rights, voting rights, etc. It is often not realized, however, to what an extent state judges play ar ole in shaping these issues. In many state court systems, the state system was actually more liberal than the Federal: First and foremost, state constitutions