...Supreme Court justices are just politicians in black robes Supreme court justices are politicians. They are politicians alongside their duties of judges of the highest court in the land. The most basic definition of a politician is, a person that achieves a position of policy making over an organized community. Judges, in theory, should be fair, unbiased, neutral, impartial and not based or linked to any political party or movement. However, decisions made by the Supreme Court judges have had huge political significance. While it’s not the standard in lower courts, the United States Supreme Court is forced to make political and judicial decisions. A judicial decision is based on the question was a law broken. However, because the Supreme Court is the highest court of the land, they also must make political decisions some of which have been more powerful that the actual laws congress had written. The Supreme Court is in charge of making sure congress and the president don’t overstep their authority, and to do this job of keeping these branches accountable it would be impossible for the justices to not be politicians yielding real power. One of the examples of the supreme courts political power the court case Griswold v. Connecticut (1965). Estelle Griswold was the executive director of Planned Parenthood in Connecticut; she and Dr. Buxton of Yale Medical School opened a clinic in Waterbury and after only serving 10 patients Griswold and Buxton were arrested and convicted...
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...Constitution Paper The United States Constitution provides the National Government three distinctive branches of government: the Executive, the Legislative, and the Judicial Branch, each with its own form of powers, duties and roles. Separation of powers and duties within the branches enable them to check and balance one another as well as balance the authority of the other two. Article 1 of the Constitution is the Legislative Branch which makes up The House of Representatives and Senate, collectively known well as Congress. The Legislative Branch creates laws, declares wars, conducts interstate and foreign commerce and has power over taxing and spending policies. Only the House of Representatives takes care of laws: “Every Bill who shall have passed the House of Representatives and the Senate shall, before it becomes a Law…” (Article 1 Sec. 7). Every law, before it becomes one, starts as a Bill and goes through a process in the House and Senate before it becomes a law. Along with making laws, Congress also regulates foreign Commerce with states, countries, and Indian Tribes to maintain the balance o peace: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Article 1 Sec. 8). They handle commerce with other nations to keep peace and positive connections with other countries. This helps keep the peace within The United States as well as outside of it. Leading from peace, Congress also helps build the defense force of the...
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...PO 201 – American Constitution Oct 15, 2012 1. The most general definition of politics would be the process by which values are authoritatively allocated for a particular society. More specifically that allocation speaks to the process where it is decided when, what, who, and how resources are distributed. Many would say that politics is no more than the art of governing humanity through deception, and some would even go as far as to say it is nothing more than conducting public affairs for private gain. Government has numerous roles but four of the major areas are paramount. Manage the national economy. It is the responsibility of the government to place checks and balances within the system to make sure the economy remains viable. The government also has the responsibility to enforce laws and contracts. This could be as simple as managing disputes between private citizens (civil or criminal) or as major as the Supreme Court hearing arguments between the states. Another major area where government is involved are issues of public safety and infrastructure. The upkeep of roads and bridges, regulation of utilities and public services, and public health standard guidelines are roles of the government. One of the most obvious and expensive roles of the government is national defense. The Constitution speaks to the issue of raising an army and navy (doesn’t say exactly how) and it is the expectation of the people that the government will provide for them an...
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...Assess the US Constitution The United States Constitution is the supreme law of the USA. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judiciary, consisting of the Supreme Court and other federal courts. Since the Constitution came into force in 1789, it has been amended twenty-seven times. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government. The majority of the seventeen later amendments expand individual civil rights. At seven articles and twenty-seven amendments, it is the shortest written constitution in force. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of other nations. However, it has many flaws, firstly the amendment process is too difficult, thereby making it near impossible to change it. Secondly the power of judicial review gives the unelected unaccountable Supreme Court too much power. Thirdly the constitution leads to gridlock and finally some parts make no sense in modern society and don’t work as the Framers intended. Nevertheless there are positives; primarily...
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...international, state, and non-government bodies. Each organization influences each other, but it is evident that the United States holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and supremacy, has the United States been affected by foreign influence? Has the United States tried...
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...The issue of U.S. justices serving in the Supreme Court for life has been debated for years. While our forefathers who crafted the constitution had reasons for the lifetime service, Americans have had varying positions regarding the issue. This essay discusses the two sides of the lifetime tenure of American justices serving in the Supreme Court, seeking to gain ground on whether the term should be retained or amended. The U.S. President is constitutionally allowed to appoint justices to serve in the country’s Supreme Court. However, he or she does not do this independently, but seeks the assent and counsel of the Senate before the justices are appointed. From history, most presidents give preference to judges who appear to rhyme with them in terms of ideological views. However, this does not rule out the fact that serving justices may have opposing opinions to those shared by the president. Importantly, there are no qualifications for justices defined by the constitution, leaving room for the president to make his appointments, which are confirmed by the Senate (Patterson, 2010). Nevertheless, the confirmation process has always drawn significant attention, with lobby groups pushing for the rejection of some candidates with questionable track records. In rare cases, the president is allowed to withdraw the names of some candidates, especially when he is convinced beyond reasonable doubt that the names are likely to be rejected by the Senate. In recent years, the approval...
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...Policy and Legislature that affect Family and Consumer Science Birdie Bell December 11, 2014 Dr. Lynda Martin POLICY AND LEGISLATURE THAT AFFECT FAMILY AND CONSUMER SCIENCE Family and consumer sciences are an important academic discipline that students in most of North America take as a humanity subject (Brotherson & Duncan, 2004). The aim of this paper is to identify the policies and legislation on families in the United States and consumer science and examples will be used to illustrate these clearly. Federal and State laws on Families The United States Supreme Court has long made a pronouncement that the family law belongs to the individual states within the nation’s federalist system. Even if the federal government has as well undertaken regulation of issues that affect families, initially in a sporadic manner and then in a more consistent manner, the Court has made an affirmation of the primary role of the state in defining family. A large number of commentators show of appreciation of this authority allocation, presenting an argument that that it plays an important role in promoting family pluralism by showing to honor to local values and choices. However, others point out that federalism creates “equality by design” (Laura, 2014, p. 1835). Therefore, a large number of commentators present an argument that deference to states play a role of insulating courts and federal agencies from the disorderliness of family life, thus demeaning the family relationships’...
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...PS1010: Study Guide for Exam 3 Winter 2015 1. Which of the following thinkers is often credited with first coming up with ideas about the modern bureaucracy? a. Thomas Hobbes b. John Locke c. Max Weber d. Alexander Hamilton e. Benjamin Franklin 2. Bureaucracy is characterized by all of the following EXCEPT: a. Merit-based advancement b. Hierarchy c. Worker specialization d. Explicit rules e. Flexible goals 3. The value of explicit rules in bureaucratic institutions is that they: a. Facilitate individually tailored treatment of citizens b. Allow for flexibility c. Encourage creativity d. Create standardization and predictability e. Reduce uniformity of behavior 4. A clear chain of command with all employees knowing who their supervisors are as well as whom they are responsible for is an example of a(n): a. Issue network b. Merit system c. Hierarchy d. Spoils system e. Iron triangle 5. Bureaucracy is useful for all of the following EXCEPT tasks that: a. Require a great deal of coordination b. Require a great deal of planning c. Require a great deal of expertise d. Can be handled on an ad hoc basis e. Require a great deal of routine work 6. The practice in which successful party candidates reward political supporters with jobs or favors is known as: a. Patronage b. Pandering c. Pay-for-play d. Lobbying e. Nepotism 7. The civil service replaced the _________ as a method of choosing government workers. a. Merit system b. Hereditary...
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...Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose to avoid. They must content themselves with looser approximations to the enforcement of their rights than those 1 that the law accords them, when they resort to its machinery. Today there is uncertainty about the appropriateness of discovery in labor arbitration 2 and confusion about the author* Julius E. Davis Professor of Law, 1987-1988, University of...
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...different branches. Each branch was meant to keep the other in check and make sure that they did not abuse their powers. The branches of government were as follow the lawmaking, executive and the jurisdictive. The constitution started out has simple two page document because the founding fathers couldn’t agree on much of anything. When the framers first thought of the Supreme Court they were thinking of a branch of government that would have supreme power. This is evident by the way each branch is laid out in the establishment. Each branch of government has its power expounded to them in detail. When it came to the court the description of power became vague. Some scholars believe that the founding fathers didn’t give the Supreme Court as many restrictions because they wanted a court of judge that would rule and intrepid the constitution as they would. The constitution was never meant to govern the people of America it was meant to rule and control them. The founding fathers picked people for the court that had the same backgrounds as them. According to the how the constitution is worded the framers gave the court the right to make law based on thing un for seen by them. This means that they have the right to make laws on thing that are being invented and used by Americans today The responsibilities and limitations of each branch of government are set forth in the constitution. For example specific powers are granted to the congress concerning their jurisdiction and job details...
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...beginning with the Tillman Act in 1907, undercuts dramatic proclamations that Citizens United indicates a privileged where corporate interests trump the public interest and politicians do the will of the highest bidder. Corporations in the early twentieth century not only faced scattered and weak enforcement of the Tillman Act's contribution ban and thus no great deterrent to violating the ban, but also exploited glaring legal loopholes that allowed them to bankroll their favored campaigns with relative ease. Even after the enactment of independent corporate expenditure restrictions, corporations faced minimal barriers to political spending on television or in other national media. Until the FEC's creation in 1974, the ban on independent corporate spending on elections was not rigorously enforced. The relevant time frame for evaluating the decision's practical consequences is, at the very longest, the period after Congress substantially amended FECA in 1974. Campaign contributions as emphasized here discusses the ways in which contributions are made to influence new or incumbent candidates to support a particular agenda based on factors that impact the candidate personally, such as the raising of significant funds to help a candidate be re-elected, or environmental issues to even social issues are of concern. Since the last decade, millions upon millions of dollars have been spent in state judicial elections, primarily by contributors with an interest in the outcome of litigation...
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...Medellín v. Texas Student: Kais Karowadia Class: Government Dual Credit Teacher: Jonathan Solis The Supreme Court case between Jose Ernesto Medellín and the state of Texas was fought over whether or not international law should play a role in the due process of the law within the United States. The international law in debate was made at the Vienna Convention and was designed for convicted foreigners to be able to notify their embassy immediately. As a part of the United Nations, the United States ratified this article (Article 36 on Consular Relations). During this case, however, the state of Texas did not follow the international law set at Vienna. The plaintiff, Medellín, had raped and killed two teenage girls in Houston in 1993 and confessed for participating in the crime. He was later sentenced to death by Texas courts. While on death row, Medellín sent letters to the Mexican consulate explaining his situation. Mexico saw that the United States had not upheld the agreements from the Vienna Convention and sued the United States in the International Court of Justice. Alongside the dispute between the two nations, Medellín filed for a writ of...
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...late 1900’s, the era known as the Warren Court would become one of the most active justices in regards to policy: o Warren was chosen by President Eisenhower and he ended up regretting at first due to the great changes he was making. This was the court that made the ruling on the famous Brown v. Board of Education controversy. o He would continue this legacy be being supportive of the rights that criminals and defendants deserve. This also includes the enforcement of the 4th Amendment (Unreasonable search and seizure). Many almost thought to even impeach him since certain group thought he was essentially re-writing bills which is Congress’ job (he was not in reality). • After Warren finally decided to retire,...
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...February 2013 Changing Tides The creation of the United States was founded upon the idea that a government that governs less governs best, however, in the early twentieth century it was necessary for the role of the government to expand for protection of liberty and fairness to continue. Under the motivation of President Franklin D Roosevelt, the ideas of government changed drastically from a rather distant relationship between the government and its people to one where executive power was used to meet the needs of the people. Consequently, almost every President, starting with Franklin D Roosevelt in 1933 to the present has slowly expanded the role of government to what we have today. The Federal Government as well as the Supreme Court changed its ideals increasingly about thoughts on interference in the lives of individuals as classical liberalism morphed into what is known as liberalism today. Through the onset of protective labor laws and the programs initiated by the New Deal a shift in the Democratic Party towards leftist ideals was recognized. With the United States emerging as a more industrialized nation, new laws were necessary to protect those subjugated to unsafe conditions, unfair wages and long work hours. In this change from a mostly agriculturally dominated society to a more industrialized one the development of a more dependent labor force was derived. These dependents were continually abused as the Supreme Court ignored disparities of the people in defense of...
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...Assess the positive and the negative aspects of the United States political framework based on the ‘separation of powers’. The United States is a presidential democracy; its political framework is based on the separation of powers between the executive, the legislative and the judicial branches of government. This is in contrast to a parliamentary democracy where there is a fusion of powers between branches of government 1. It is often argued that a parliamentary system of government based on a fusion of powers is a more effective form of government, particularly when legislating. Although this may be the case, the US political system has overcome issues faced by most parliamentary democracies such as elective dictatorships and poor scrutiny of the executive. This has been due to the structure of the US political system based on the separation of powers. In this essay I will assess the positive and the negative aspects of the US political system. I will evaluate the advantages and disadvantages the separation of powers has brought to the US system of government. I will first assess the positive aspects of the US political system. I will then discuss the negative aspects of the US political system, finally drawing a conclusion. The ‘separation of powers is a central structural feature of the United States constitution’ 2. The US political system was designed first and foremost to prevent tyranny, something the founding fathers still feared even after America had gained...
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