Apr 19, · The Supreme Court, in reality, tends to have a higher approval rating than the other branches of government, and a Gallup poll last summer showed the court's highest rating in Jun 02, · Monell nominally holds cities liable for failure to train, but by the Supreme Court’s own admission, this is the “most tenuous” brand of municipal liability. Only if it is “highly Jul 20, · Holding and Constitutional Principle: The Supreme Court, in this case, bolstered the freedom of the press guaranteed by the First Amendment. In a vote, the Court established that there was a “heavy presumption against prior restraint” even for national security purposes. This is a key case to know for freedom of the press!
AP Gov Notes: Required Supreme Court Cases Review () | Fiveable
The term judicial restraint refers to a belief that judges should limit the use of their power to strike down laws, or to declare them unfair or unconstitutional, unless there is a clear conflict with the Constitution. This concept relies heavily on the uniform adherence to case law, which encompasses decisions rendered by other judges on prior, similar cases.
To explore this concept, consider the following judicial restraint definition. Where there are laws, supreme court cases essay, there are often many and varied ways to interpret them. Judges who believe in supreme court cases essay restraint place a great deal of weight on using the wording of the law and Constitution, rather than what they believe the legislators intended during their construction, to guide their interpretation.
Judicially-restrained judges also respect the principle of stare decisiswhich promotes consistent, predictable rulings on similar cases, through binding precedent. This means that the decisions handed down supreme court cases essay higher court judges, such as appellate and supreme court judges, must be respected in deciding similar cases or issues. Followers of judicial activism believe that the Constitution and laws of the land should be interpreted with the needs and values of modern society in mind.
Judges under the judicial activism theory may use their authority to correct what they perceive to be legal injustices, as they mold and redirect laws, and create social policy. These actions are most notable in the protection of civil rightsand of issues considered to be of public and individual morality. Exercise of this power may overrule prior judgments, laws, or acts of Congress.
This is a serious concern for those who believe in judicial restraint, for the obvious reason that it allows a judge to bypass or overturn laws and policies created by Congress. In the s, schools in the American South remained segregated by race, with black children being confined to a handful of schools that were, in many cases, far from their homes.
The U. Supreme Court heard the case of Brown v. Board of Education inafter the state court had ruled that the school district had rightly complied with precedent set by the Supreme Court in the case of Plessy v. While the theory of judicial restraint would require the Court to maintain stare decisisrespecting the ruling, the modern Court embraced judicial activism, choosing to promote the law in a way that was more in line with contemporary social values.
In the case supreme court cases essay Brownthe U. Supreme Court ruled unanimously to overturn the separate-but-equal standard, offering an updated interpretation of the civil rights afforded by the 13th and 14th Amendments to the U. When trying to establish and enforce the intent of lawmakers, it is human nature for any one person to interpret the written word according to his own experiences, values, and preferences, supreme court cases essay.
Interestingly enough, both judicial activists and the judicially-restrained abhor this idea, that any one jurist might use his personal feelings to rule on cases, or to interpret law. In January,star member of the swim team at Stanford University, Brock Turner, dragged a drunk woman behind a dumpster and violently raped her.
Two other men, who supreme court cases essay by the scene, stopped the rape, chasing Turner away, and getting the victim to medical care.
Turner was charged with a number of felony crimes, and tried in early Having been provided hard evidence, and eye-witness testimony, supreme court cases essay, the jury convicted Turner of:. Public outrage flared when Judge Aaron Persky sentenced this white student athlete from a prominent white family to just six months in jail.
As it turns out, Judge Persky had, according to judicial restraint, followed the letter of California law, supreme court cases essay. When the prosecutor announced he had no plan to appeal the sentencing, the public reacted strongly again. According to law, the prosecution can only challenge a sentence that is somehow unlawful. While there was nothing that the prosecution could legally do to change that fact, Judge Persky was tried in the court of public opinion over the following weeks, as hundreds of thousands of people called for his removal from the bench.
In this example of judicial restraint guiding sentencing, the people expressed their strong opinions that the punishment should have been more in line with the emotional and social impact of the crime. Persky was reassigned to civil cases. Those spearheading the recall movement planned to continue their efforts, noting that this was not a permanent solution, as Persky would be allowed to transfer back to criminal court at any time.
When the Treaty of Paris ended the American Revolution, supreme court cases essay, the colony of Georgia asserted ownership of over 35 million acres of land in an Indian Reserve west of its territory. Inthe Georgian legislature divided up this land, supreme court cases essay, which would later become the states of Alabama and Mississippi, into four tracts, and sold them to land developers. This action, known as the Yazoo Land Act ofwas accomplished by the offering and accepting of a number of bribes.
When this became known, voters were scandalized, and voted their leadership out in the next election, supreme court cases essay. The new legislators repealed the Land Act, voting to void the transactions completely. Before the Land Act was repealed, Robert Fletcher purchased a tract of land from John Peck, one of the original supreme court cases essay. Fletcher filed a civil lawsuit against Peck after the contracts were invalidated, claiming Peck had sold him the land without holding clear title.
The interesting thing is, the two men were colluding in this legal action, hoping the Supreme Court would decide that the Indians had not owned the land to begin with.
In this example of judicial restraint, the U. Supreme Court emphasized its authority to overturn state laws, if they are in conflict with, or contrary to, the Constitution. Judicial Restraint August 28, by: Content Team.
Supreme Court of the United States Procedures: Crash Course Government and Politics #20
, time: 6:54Opinion: What packing the Supreme Court would really do - CNN
Jun 02, · Monell nominally holds cities liable for failure to train, but by the Supreme Court’s own admission, this is the “most tenuous” brand of municipal liability. Only if it is “highly Apr 19, · The Supreme Court, in reality, tends to have a higher approval rating than the other branches of government, and a Gallup poll last summer showed the court's highest rating in Jun 25, · “The Supreme Court’s Conservatives Issued a Decision Too Extreme for Clarence Thomas; In a sweeping 5–4 decision, the court stripped Congress of its power to create new rights”: Mark Joseph Stern has this jurisprudence essay online at Slate. And online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “Supreme Court Blocks Congress on the Right to Sue;
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