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Supreme Court Essay

  • Submitted by: fitzsimmonsfits
  • on April 15, 2015
  • Category: Social Issues
  • Length: 753 words

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Below is a free excerpt of "Supreme Court Essay" from Anti Essays, your source for free research papers, essays, and term paper examples.

Nine politicians sitting on the bench critically analyse this description of the supreme court. There is a very rational argument to say that the Chief Justices are in fact politicians, this is because of judicial review. Chief Justice Hughes even once stated: ‘We are under a constitution but the constitution is what the judges say it is.’ Hence, this is why Chief Justices arguably have political power meaning that the constitution which was written two centuries ago can be updated by our modern Chief Justices. The case of ‘Marbury v Madison’ (1808), where President Thomas Jefferson refused to honour the commissions as Justice of Peace of the last President John Adam, as they had not been delivered by the end of Adam’s term. This case was the first time the Supreme Court declared acts of Congress, executive and the actions of the State Government were unconstitutional. By finding the power of judicial review in this case, the Supreme Court has gotten involved in many politically charged cases. This means that the Chief Justices had to step up acting as the guarantor of fundamental civil rights and liberties. This has helped to give great political importance to issues that are dealt with today, matters that are often fought between key political figures and in elections. The Supreme Court has been involved in numerous cases and made landmark decisions on rights of racial minorities, abortion, gun control and capital punishment. Two cases that demonstrated political importance would be Hamdan v Rumsfield as well Boumediene v Bush. In Hamdan v Rumsfield the court declared it was unconstitutional for the military commissions set up by President George W Bush, to try and hold people at Guantanamo Bay. It was five to three as Chief Justice Roberts did not serve as he served on three judge Appeal Court panel. It was a landmark decision as it put a significant limit on the commander in chef power of the president. With Boumediene v Bush, Justice Kennedy sided with the...

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