Supreme Court History
The Supreme Court was made up by the Judiciary act of 1789. It was made up of six justices and they had to serve on the court until they died or retired. The Supreme Court was put on Article 3 of the Constitution, which states that the Supreme Court is jurisdiction on all laws and they overlook treaties of the United States. The first meeting of the Supreme Court was on February 1, 1790 in the Merchant's Exchange Building in New York. Since 1935, they have decided a lot of America's issues. Some include eliminating race, separating the church from the states, decided life or death for capital punishments, and refined rights of criminal defendants. From 1801 to 1935 the Supreme Court met in the US Capitol building. Chief Justice William Howard
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Since the Constitution Act of 1982, the Supreme Court has gained the power to be the final court of appeal for Canada and use the Canadian Charter of Rights and Freedoms as a way to interpret human rights in a new codified form. This new found capability, to rule whether or not a law was constitutional, puts much importance into a sole branch of government that remains unelected. For this reason, among many, the Supreme Court of Canada much show their transparency within their process or else risk accusations of judicial corruption (Gall, Makin, & RГ©millard, n.d.). In other words, the Court must remain accountable to the people as is the rule of law to uphold the understanding of Canada as a Liberal democracy (Malcolmson, Bateman, Myers & Baier, 2016, p. 10)....show more content...
The many ways through which this is to be accomplished is through the adoption of a step by step procedure devised by the Court when ruling a Charter case, the amending of such procedures to better encompass the change in societal standards, the document transparency in the Laws of the Supreme Court of Canada, the public's access to information pertaining to the Court through both documents and the media, the backlog of the Court in response to the Charter and the method by which the Supreme Court must write a written report following a verdict. Together these elements demonstrate how the Court's decisions and process are all based on the concept of transparency within the
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Supreme Court In Canada Essay
The supreme court plays a specific role in the United States government. Then Supreme Court has the power to check the actions of the president and the congress. Overall, what the Supreme court does is to make sure no laws violate the constitution and makes sure the president's actions are allowed by the constitution. The power of that law which is to view the executive and legislative actions is called judicial review. It is not all–power, just like the rest of the branches, it has limited power and each branch checks up on each other to make sure one doesn't have too much power on the others. One of the laws that the Supreme Court decided to change was the issue with abortion. Roe v. Wadereached the Supreme Court on appeal in 1970 and remained the Supreme Court's most recognized decision regarding the right of privacy through the Fourteenth Amendment, and mostly argued whether it was human murder or simply protecting personal liberty and privacy.
In Roe v. Wade, the court looked at a Texas law that did not permit abortion...show more content... However, the majority refused to accept this theory and that the due process clause of the fourteenth amendment was an 'appropriate source' of this case but the court determined it was also "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (Blackmun) They stated that, and with all respect to the law of Texas, that their belief of life is too general and debatable and therefore not convincing enough to outweigh the woman's freedom. The court saw that the states had interests in protecting a woman's health and potential for life so they decided to even out these concerns by making abortion legal in the early months of pregnancy but not so legal in the later months of
The Power Of The Supreme Court
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The Supreme Court
The Supreme Court has had many different places where it was located over the years. There has been a struggle to find a permanent home for the most powerful court of law. At first, the meetings were in the Merchant Exchange Building in New York City. The court then followed the nation's capitol to Philadelphia in 1790. In 1800 the court again relocated to Washington DC. At first they spent their time meeting in various places. The place to find the Supreme Court now is in Washington DC, on First Street located in Northeast. The Supreme court was created during the Constitutional Convention of 1787 during which the delegates discussed the necessity of a Supreme Court. The two major reasons for the need of...show more content...
Not all cases get heard by the Supreme Court. A case can either go through the federal or the state court system, the case comes to the Supreme Court. There are four different ways to reach the Supreme Court. It can be through a petition for an extraordinary writ. There is also a request for certification. A case can also be heard through an appeal, or a petition for a writ of certiorari. The Supreme Court has nine judges, which serve. These judges assess cases. These Justices hold their terms for life, "during good behavior" under Article III. The current Supreme Court Justices are Justice John Paul Stevens, appointed by Gerald Ford in 1975. Ronald Regan appointed Justice Sandra Day O'Conner to her term in 1981. Justice Antonia Scalia was appointed by Ronald Regan in 1986. Another Justice appointed by Ronald Regan is Anthony Kennedy in 1988. George Bush appointed Justice David Souter in 1990. Justice Clarence Thomas was appointed by George Bush in 1991. Bill Clinton appointed Justice Ruth Bader Ginsburg in 1993. Bill Clinton also appointed Justice Stephen Breyer in 1994. The Chief Justice of the United States Supreme Court is Chief Justice William Rehnquist who was appointed Justice by President Richard Nixon in 1972 and earned his appointment to being Chief Justice by Ronald Regan in 1986. The U.S. Supreme Court has agreed to hear a case
The Supreme Court Essay
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The Supreme Court At the apex of our federal court system stands the United States Supreme Court. It stands as the ultimate authority in constitutional interpretation and its decision can be changed only by a constitutional amendment. Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789. The Supreme Court is the only court named in the constitution laying out the Courts basic jurisdiction, identifying the mode of selection and tenure for justices. Under Article III, Section 1 of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the...show more content... 13). The first Supreme Court in 1789 consisted of five justices. Congress added a sixth seat in 1790 and a seventh in 1807 to ease the strain on justices as the number of circuit courts increased. Congress added the eighth and ninth seats in 1837. Membership stayed at nine until 1863, when Congress added a tenth seat, only to abolish it when a justice died in 1865. In 1867, Congress reduced the seats to seven to limit the opportunity of President Jackson to appoint new members. Congress restored the number of seats to nine in 1869, and in 1891 abolished the Supreme Court justices' circuit–riding burden. The number of justices has remained fixed at nine, for over 100 years, making tie votes unlikely unless circumstances prevent a justice from participating in deliberations. There is currently one Chief Justice and eight associate justices in the Supreme Court although Congress does have the authority to change the number of justices sitting on the Supreme Court (Van Dervort, 2000, p. 69). Qualifications to become a justice although not spelled out immediately became obvious. From the beginning, justices have all been lawyers and most have pursued legal and political careers prior to serving the Court. The attainment of a high position in government or the legal profession is also beneficial as they lend credibility for the consideration. Some justices however chose a different path that began with private practice followed by at some point by elevation to
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The Supreme Court Essay example
The Supreme Court Role
The Supreme Court is the highest court in the country. It is an essential aspect of the united stated. The Court contains a Chief Justice and eight Associate Justices. They are nominated by the president of the United States. All the courts in the US must follow the ruling made by the justices of the Supreme Court. The Supreme Court is to interpret laws passed by Congress and to protect civil rights and liberties. The court interprets the law as cases are brought to them. It usually means that person thinks a decision made by a lower court is unfair. The decisions that are made by Supreme Court are final decision. The Court role is to in ensuring that each branch of government recognizes the limits of its own power. Thurgood Marshall was
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The Supreme Court is an integral part of the checks and balances system of the United States government, and it's very important that they have the power to void laws, or more specifically, to state what the law truly is. The Constitution gives the Supreme Court the power to go against the decisions of the Executive and Legislative branches. Although it has the power to fight decisions by the other two branches, it has to use the constitution to justify it. If Congress or the President make a decision that is unconstitutional, the Supreme Court can point out the ways in which said decision violates the Constitution. There is no higher authority regarding the Constitution than the Supreme Court, also called The Highest Court of the Land. I think the first Supreme Court case that shows why the Supreme Court has its power is Marbury v. Madison. Even with the power to reverse decisions of the other two branches, the Supreme Court does have limits to its own power. The members of the Supreme Court are not chosen internally. Potential Justices are nominated by the President. Then, they have to go through the Senate, which votes to approve or to not approve the President's nomination. Jurors are chosen for life, and they can only be removed by impeachment, which has only happened once. In...show more content...
In 1803, Chief Justice John Marshall made a decision that affirmed the power of the Supreme Court for the future. Leading up to that decision, President John Adams was leaving office, but before he did so, he appointed several judges, which the Senate approved. However, the commissions that gave the judges office were not all delivered before Adams left office. The new Secretary of State, James Madison, refused to deliver the commissions on the grounds that since they hadn't been delivered yet, so they were Get more content
Supreme Court Power Essay
The Supreme Court is the highest court in the United States. It has final appellate jurisdiction over all cases in the United States of America. Although it was provided for only briefly in the Constitution, it is an instrumental part of our democracy. The Supreme Court's largest responsibility rests in its power of judicial review. The Supreme Court has the final say in all legal matters concerning the Constitution. The Supreme Court has the authority "to invalidate legislation or executive actions which, in the Court 's considered judgment, conflict with the Constitution" (The Court and Constitutional Interpretation n.p.). This means that anything passed by Congress, or mandated by the President can be struck down if the Court deems it unconstitutional. The Court can also strike down laws made by local and state governments if they violate the Constitution ("The Role of the Supreme Court" n.p.). Judicial review has been important in making sure that a citizen's individual rights, stated in the Bill of Rights, are protected. There is no express consent written in the Constitution to grant the Court the power of judicial review. The idea of it, however, was around before the Constitution was written. Before the formal establishment of the Court in 1789, state courts had exercised it by overturning several laws passed by their legislatures that conflicted with their state constitutions (The Court and Constitutional Interpretation n.p.). It was not until the 1803 Supreme
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Judicial Review : The Supreme Court Essay
president for legitimizing gay marriage would require some individual who shares that point of view. Regardless, there are a huge amount of issues to worry over, and it is practically hard to find the assurance that is a "faultless fit" on each one of them. The president's superiority with the general society is a basic factor. If the president has low pervasiveness, or notoriety is impartially part, by then pushing through a justice that is viewed as "outside the standard" can energize limitation to the president and his social affair, and provoke potential thrashings in approaching choices. This similarly clears up why competitors who are named nearer to an upcoming race have a tendency to be more direct to the president wouldn't like...show more content...
If they went toward, it would have seemed to leave the Supreme Court at a four–to–four which would be a liberal–preservationist impasse, doing that would be unprecedented and troublesome. Most likely, it will be broken by a ninth judge selected by another president. Generally, presidents select Supreme Court individuals with striking legal abilities. They consider their preferred political effect on electorates. Another thinking is a competitor's ideological presentation and how it will impact the Court. The repeat of 5–to–4 Supreme Court decisions reveals precisely how touchy that change is. Meanwhile, presidents search for candidates that have strong attributes of legitimate mien, that is, with an unmistakable record of absence of prejudice. Senate confinement is considered and whether the confirmed encounter is advocated, it pays little mind to the political danger. Assignments for justices consolidate additional abilities. These usually fuse an unmistakable history of expert and definitive aptitudes. Redesigning an applicant's ability to develop collegiality inside the Court is a sensible level of capability and approach. Hardly any issues are more argumentative in American administrative issues than the second Amendment. Clinton is optimistic to go against the National Rifle Association, and Trump says gun proprietor's
Supreme Court Essay
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In the society of the United States, most of our rules, albeit laws or moral beliefs, come from decisions made in the Supreme Court and what exactly they refer to. The direction of momentum in the workforce, schooling, and even the white house have been vastly adjusted by the verdicts that come out of the Court. These directional modifications have been ratified and lead the people to challenge the current views of society and lead to more and more changes that are right and just for the system in order to prevent further wrongdoing in the nation. Most verdicts that are reversed and changed in many ways in the Supreme Court involve one's personal rights being taken away from them or in some cases, how a person tries to abuse their rights...show more content...
The impact on society stands as being vastly influential, shifting the people to either side, and bringing out the true colors of our 'strong belief system.' These many changes that have come from the Supreme Court are what the people base their decisions on as well, for example, if Nixon was allowed to exert his 'executive privilege' wrongfully, the world could be incredibly different than it is today, with power being abused all around the world and limits on power would have been terminated by any substantial means. The truth of the matter is that without challenging a wrong decision, the world would not be making leaps and bounds in progression, as society would only challenge the views of each other and believe that decisions are final, and that they should be followed like laws themselves more than the actual law would have permitted otherwise. The Supreme Court is what guides our people, and without it the nation would be a cluster of misguided and convoluted views only leading each other in circles without any real interventions that have been made to right wrongs in the Supreme
Essay On The Supreme Court
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This paper points out the reasoning for why and how the Supreme Court and judicial system became what it is known for today. The Supreme Court was not always a perfect and well organized system. The court early beginnings started out after a decision at the Constitutional Convention in Philadelphia in 1787 was establish. This decision called for a national supreme court. With the Judiciary Act of 1789 Congress made the US Supreme Court possible. One key person who had a role in developing the Supreme Court into a court of "judicial review" was the fourth Chief Justice, John Marshall. Today the judicial system is broken down into three levels; local, state, and federal. And within these levels are different levels of the court system that handle civil and criminal cases. Each level has a different role to play in the court system but, they all serve the same purpose. Keywords: judicial review Judicial Systems Research Paper
The United States Supreme Court is well known to be the most powerful court in the nation. The Supreme Court has existed since the late 1700's. During the Constitutional Convention in Philadelphia in 1787 many delegates believed that in order for federal laws to be enforce that there needed to be a supreme court. This court would not only enforce laws, but it would also settle confrontations between states and lower courts. During the convention a resolution was made that a "national judiciary be
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The Supreme Court And Judicial System Essay
"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood"(James Madison, Federalist 62). The Constitution, despite being precise in some areas, like how many years a president can serve, is vague and can be interpreted in many ways, and the one to interpret it is the Supreme Court. The Supreme Court is the final arbiter in all the legal proceedings that one case should undergo. They are are supposedly unbiased, and free from any political pressures. The chief justice can either exercise his powers with restraint or with activism, like the Burger Court, but what will happen if the Supreme Court intervened
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Argumentative Essay: The Supreme Court
1.What are some of the factors that a president should consider as he presents his nominations for Senate confirmation?
I think he should take into consideration the amount of diversity on the bench. We live in a culturally and racially diverse country, state and communities and therefore the courts she represent that diversity. There should be equal men/women ratios, different cultures represented and different views ideologically, so that things are not being passed on whatever political swing is in current power. I think this would make for good court. Diversity on the bench improves the quality of justice and builds faith and confidence in the legitimacy of the courts.
2.Because women are the majority of the nation's population,...show more content...
I think women view things differently than men do and vice versa. It's always good to get both perspectives. Females do sometimes tend to be more emotional then men do, but that shouldn't keep them from the change and success that they are able to be apart of. Men sometimes could be said to do the opposite, they don't always have emotion and maybe wouldn't be fair to a opinion as a female might have been.
3.Also, should there be an age requirement for the Supreme Court justices to retire or should we continue to let them have a lifetime appointment if they desire? Explain your position.
I don't think so. After we did that assignment a few weeks back on Sotomayer and Clarence Thomas, I learned so much about each of them and one thing I really picked up was how they both came from upbringings that had struggled and they had worked hard to become successful. They also have to work hard as they continue in that position. I think these justices have so much knowledge and should be allowed to serve until they choose to retire. I am not of the opinion that they should retire because new beliefs come in and that times should change with them. I think it's always important to be diverse in this as well, having old mindset and new mindset so there is a balance. We don't want to become so far removed from what we as a country stand
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Supreme Court Case Study Essay
Mark Lewery
Mr. Boardman
Research Paper period 4
Due Date: 10/31/16
WA#2
Decisions of the Supreme Court can have a huge impact on the country. Through United States history, court decisions have influenced the nation and have totally changed how the government runs things. The United Sates is set up into three branches: executive, legislative, and judicial. It is up to the judiciary branch that has the job to interpret the constitution, and often these interpretations change over certain amounts of times. Over the course of America 's history as a fully autocratic nation, the Supreme Court has made some monumental decisions. Three examples of significant cases that have affected the government are Marbury vs. Madison (1803), Brown vs. Board of Education of Topeka (1954), and Mapp vs. Ohio (1961). Somewhere around 1800 and 1835, the Supreme Court managed numerous instances of incredible significance to the United States of America. John Marshall served as the Chief Justice of the Supreme Court throughout this time. The instance of Marbury v. Madison, in 1803, was a standout amongst the most controversial court cases and choices set aside during this time. "Equally important, the Supreme Court at this time had none of the authority and prestige it commands today. Few cases of any importance had come before the Court or had been decided by it. Consequently, it had little precedent on which to base its decisions and no assurance that those decisions would be acted upon."
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Decisions Of The Supreme Court Essay
Supreme Court Justice Nominations
According to Floyd G. Cullop, The Supreme Court is responsible for "interpreting a federal, state, and local law and deciding whether or not it is constitutional," making The Supreme Court of the United States perhaps the most powerful branch of the Federal Government. Although the Supreme Court does not make the laws, the justices do review the laws and decide if they are Constitutional. In fact, over the course of a justice's tenure on The Supreme Court, he or she will have many opportunities to review laws and his or her decisions could affect the lives of many Americans. Furthermore, Supreme Court justices serve life terms, meaning that they hopefully do not have to make...show more content... The President and members of the Senate are very much influenced by their party, which makes it unlikely that they would nominate or confirm someone for the Supreme Court who would go against their party's agenda.
Idealistically, the President will nominate the best person to reside on the Supreme Court, and since the office in question has to due with allocating justice, the individual should be both fair and honest. Unfortunately, the process is more political than idealistic. According to MSN Encarta, "Presidents often try to secure Senate support by balancing the Court's geographic and regional background. Many 20th–century presidents have also tried to balance the Court's religious, racial, ethnic, and gender makeup." So, rather than nominate the most qualified candidate, the President will put forth the nominee most likely to remain loyal and who is most likely to be confirmed. Confirmation of a candidate by the Senate is also political. MSN Encarta asserts that "on average, the Senate rejects about 20 percent of all nominees to the Supreme Court. The president's choice must face questioning by the Senate Judiciary Committee, which then makes a recommendation to the Senate as a whole." A majority vote in the Senate is required for a nominee to be confirmed to the Supreme Court.
Once a justice has been confirmed, theoretically he or she will not be affected by
Essay on Supreme
Court Justice Nominations
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Supreme Court Cases
Engle vs. Vitale
Case: In the late 1950's the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt to "establish or endorse" a religion and thus that it did not violate the establishment clause.
Constitutional issue it relates to: Freedom of Religion
Decision: The court ruled against the school district and upheld the establishment clause of the first...show more content... In reversing the District Court's entry of judgment for petitioners, the Court of Appeals held that the Act applied to forbid discrimination against respondents' proposed club on the basis of its religious content, and that the Act did not violate the Establishment Clause.
Constitutional issue it relates to: Freedom of Religion
Decision: In 1985, the principal and superintendent of Westside High School (a secondary school in Omaha, Nebraska) cited the Establishment Clause as a reason for denying the request of Bridget Mergens to form a Christian club that would have the same privileges and meet on the same terms and conditions as other Westside student groups, except that it would have no faculty sponsor. Ms. Mergens took the case to court, and won at first. She lost on appeal at the 8th Circuit Court, and then later won in a 8–1 decision from the Supreme Court
Johnson vs. U.S.
Essay on Supreme Court
Cases
Case: During the 1984 Republican National Convention in Dallas, Texas, respondent Johnson participated in a political demonstration to protest the policies of the Reagan administration and some Dallas–based corporations. After a march through the city streets, Johnson burned an American flag while
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The Supreme Court
The purpose of the Supreme Court is to review or address cases that involve issues on a federal level or of constitutional law, just as appellate courts hear cases on a state level. Their responsibilities include deciding how to apply the principles of constitutional law to new matters and issues that arise in today's day to day legal process; they also play the role of the "parent" to lower federal appellate courts when their decisions on legal issues are contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they ...show more content...
In my opinion this rule is of fairness because without drawing the line and having a court to reach a final decision and establish authority legal matters could stay in appeal courts for years, constantly being argued and picked apart. The part to the Supreme Courts process I will disagree with is being able to decide what cases to hear and the justices serving for life terms. In my opinion both of these factors allow room for bias and prejudice which should always be one of our constitutional rights that are highly upheld, giving the supreme Courts random cases to address during their term, increasing the length of their term allowing for more cases to be reviewed, and decreasing the term of each judges years of service by switching justices after a given period of time will allow for justice to be bigger than the messenger.
Reference
The Judicial System. (1996). In Merriam–Webster's Dictionary of Law. Retrieved from http://www.credoreference.com.ezproxy.apollolibrary.com /entry/mwdlaw/the_judicial_system
Mosk, S. (1999). Federal Court Concepts. Retrieved from Get more content
The Supreme Court
1. What is the role of the Supreme Court?
Echoing my forum statement of week 2, the Supreme Court of the United States (SCOTUS) was created by, and receives its authority from Article III of the United States (U.S.) Constitution in 1787 and ratified in 1789 [1]. As head of the U.S. Governments judicial branch, the role of SCOTUS is to enforce the Rule of Law of the U.S. Constitution, seeing that the lower courts do not undermine the Constitution and the freedoms and liberties it provides to the citizenry; they are the ultimate arbiters in judicial cases. SCOTUS is comprised of a Chief Justice and eight Associate Justices, who are all appointed by the President of the United States, but must be confirmed by Congress, and serve a life term until they choose to retire, resign or are removed due to gross neglect or legal misconduct. The SCOTUS also acts a check and balance to the President and Congress, ensuring they do not abuse their authority by exercising their...show more content... The authority of judicial review by SCOTUS is not actually defined by the U.S. Constitution, but rather inferred by the Constitution's framework, design and the history of case law heard by SCOTUS. Judicial Review doctrine was solidified by comprehensive consent across all legal spheres after the case of Marbury v. Madison, 5 U.S. 137 (1803) [2]. This case became a landmark verdict, establishing the definite separation between the branches of government, not just in theory, but in practical application when SCOTUS ruled an act of Congress unconstitutional [2]. 3. Explain the two theories of constitutional interpretation, the "living constitution" and "originalist". Which theory do you believe is the correct theory to Get
Supreme Court Case Essay
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Should Supreme Court Justices Continue to Serve for Life?
There is an open seat in the supreme court. Since the death of justice Antonin Scalia in February 2016, President Barack Obama has attempted to appoint judge Merrick Garland to fill this vacancy. However, the currently Republican U.S. Senate has refused to act on the nomination. This is not the first time the Senate has disagreed with the president's choice of nominee. The Senate confirms just around eighty percent of the president's nominations. There is a strong rationale behind this two–tiered appointment system. Seats in the Supreme Court are extremely important positions to hold; the Supreme Court has the role of interpreting the text of the Constitution and using that interpretation...show more content...
It takes time to reach the highest court in the country; currently the average Supreme Court justice age is nearly seventy years old. It is reasonable to think that biases may be hardened and unable to keep up with the popular opinion by this age. For example, take public approval of same–sex marriage, which in the six short years from 2009 to 2015 rose nearly twenty percent in the polls, bringing it to a 55% majority. How does a Supreme Court with a stagnant appointment system react to such a sudden sway in opinion? Apparently, surprisingly well. For whatever reason, the decisions of the Supreme Court seem to align with public opinion. For instance, in the case of Obergefell v. Hodges, the supreme court reached a 5–4 majority in for same–sex marriage. Public opinion at the time was 55% in favor, and remarkably, the portion of justices in favor was within less than one percent of that value. Perhaps the Supreme Court acknowledges its role to interpret the Constitution through the eyes of the people, as Justice Kennedy describes. Or perhaps it is due to the powerful weight swing positions carry in the Supreme Court. Whatever the mechanism, the Supreme Court does a remarkable job of staying neck and neck with popular opinion. In conclusion, life terms for Supreme Court justices are beneficial to both the government and the people of the United States of America. Furthermore, changing the current system would be a hassle
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Should Supreme Court Serve For Life Essay
