Seeking a Just Judiciary - 839 Words

In recent years, many people in the United States have acquired an oddly tilted concept of how the judicial branch of government should function. Modern consensus postulates that the Supreme Court is the final arbiter of the Constitution, and that its judgments cannot be challenged or changed except through its own decision (Vieira). Curiously, however, this idea of giving the power of final constitutional interpretation to the judiciary—known in law as â€Å"judicial supremacy†Ã¢â‚¬â€finds no basis in the text of the Constitution itself or in historical opinion. This doctrine is a modern construction, and it poses an unhappily real threat to individual liberties in America. The people of our nation deserve a judiciary that is just in its†¦show more content†¦While one may contend that there were relatively few judicial â€Å"power grabs† during the lifetimes of these two presidents, there is a disturbing new legal model that extends the power of th e Supreme Court far beyond its traditional authority of constitutional arbitration. In 1965, a landmark case known as Griswold v. Connecticut came before the Supreme Court. The ruling was, as usual, long and technical, but the legal precedent upon which the Court based its holding had many lawyers scratching their heads and reaching for their dictionaries. The Court confidently stated that their holding was based upon the â€Å"right to privacy†, which the justices had managed to locate in a â€Å"penumbra, formed by emanations from [the Bill of Rights]† (Griswold). The word penumbra, which is used four times in this particular ruling, is not often heard in the field of law, and for good reason. Of all things, it is a Latin astronomical term that roughly translates to â€Å"secondary shadow†. Essentially, the 1965 Court was calling the enumerated rights the umbra, or primary shadow, while claiming that there was a separate set of unenumerated rights found in the penumbra (Griswold v. Connecticut). This idea of a constitutional penumbra, which was never suggested before the ruling in Griswold, allows the Supreme Court to invent entirely new rights and constitutional statutes, an ability that extends its powers intoShow MoreRelatedEssay on Article Review961 Words   |  4 Pagesand forget that they are appointed or voted in by the public. Therefore some judges have been removed from the bench due to their behavior that includes, sexual allegations, taking cash, making racist and sexist comments, and lying to a grand jury just to name a few. Voters elect some judges, governors or the president of the United States appoints some and others are appointed through a merit selection. Judges are faced with elections and many judges must campaign to get reelected to maintain theirRead MoreWhy People Commit Crimes And Explain How Judiciary Professionals Use Criminal Theory1734 Words   |  7 Pagesbeing a judge. Now that I am older, the jud icial system is where I need to be, just not a prosecutor or judge. I have changed my mind about being a prosecutor and judge because it is too political. I would be fair. However, I would not make a very good political candidate. Even though each professional holds a specific job that they must perform, there are issues that must be resolved. Professionals in the judiciary branch of the government, including prosecutors, defense attorneys, and judgesRead MoreExplain What Is Meant by ‘Mechanical Jurisprudence’, and Discuss Hart’s Objections Towards It.1547 Words   |  7 Pagesin his article in 1908. It is the concept that judges apply law rigidly according to precedent and legislation without thought of consequences. In this it is argued that every eventuality that comes before the law is legislated for in advance, it is just for the judges to apply the relevant law. This concept would insinuate that every case that comes before the courts has been legislat ed for in advance, leaving virtually no room for judicial discretion. Hart has shed some academic light on the matterRead MoreThe True Nature Of The Canadian Charter1485 Words   |  6 PagesThe True Nature of the Canadian Charter As Canada continues to socially progress, the Charter has made Canada struggle to become a more just society. The Charter as part of the evolution of the constitution does not suddenly place Canada in a brighter light where justice is eminent and achieved easily for society as a whole. Likewise, the method of appointing judges to the Supreme Court of Canada (SCC) has forced the judicial interpretation of the Charter to be perceived negatively by the rest ofRead MoreCelebrity Justice Essay example1382 Words   |  6 Pagesa public defender, go into debt to hire a lawyer or accept whatever deal prosecutors offer, rich people can afford the best defense that money can buy. Their careers may even benefit from the publicity surrounding their cases. The difference is not just because of their celebrity status, but also because celebrities have wealth. In many ways celebrities get special treatment by police, prosecutors and judges. While young rappers or sex stars may have their careers enhanced by publicity, others Read MoreThe Trial Of The White House927 Words   |  4 PagesPresident Clinton’s impeachment; Democrats on the Judiciary Committee maintained that a Clinton impeachment would mean that for years to come, whenever Congress was controlled by the party opposing the president, the president would be in jeopardy of being impeached. We will be setting a precedent that could seriously weaken the office of the Presidency, said Senator-elect Charles E. Schumer, Democrat of New York, a member of the House Judiciary Committee. We will be substantially loweringRead More The Rule of Law Essay1542 Words   |  7 Pagesindependence of the judiciary. Unhelpfully perhaps, at least in the context of the question posed in the title to this work, the 2005 Act does not provide a definition of the concept of the rule of law. As Lord Bingham observed in a 2006 lecture, the draughtsmen of the 2005 Act seemingly acknowledged the difficulty of establishing an accurate, comprehensive and succinct definition appropriate for incorporation in the statute, and so left the job of definition to the judiciary in their subsequentRead MoreAnalysis Of Richard Wright s Native Son1652 Words   |  7 Pagesin order to seduce Orgon’s wife and steal his treasure ( Yankah 2). To understand the hypocrisy of the judicial system you have to understand what the system does. The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. The judicial system was installed to uphold the rights of all Americans but far too often we have seen the judicialRead MoreHow Surprising Is It That the Weimar Republic Survived from 1919-1924?1528 Words   |  7 Pagesdifferences. The KPD was an extreme left group that believed that the establishment of parliamentary democracy fell a long way short of its real aims. It wanted the creation of a one party communist state and was a staunch opponent of the republic, seeking to bring about its downfall and install a communist regime. The moderate left however were the complete opposite and sought to uphold the republic and became a pillar of Weimar democracy. In spite o f this, the threat from the left really was not soRead MoreJohn Stuart Mill s Utilitarianism1642 Words   |  7 Pagesphilosophy to obtain happiness. Unlike Mill, Epicurus’ philosophy is based on individualistic hedonism, which often may seem more practical and acceptable. Although, Mill’s utilitarianism is indeed a form of social hedonism rather than individual pleasure-seeking, the principles of utilitarianism are actually more relevant when it comes to the many actions and intentions of the American government on individual rights, social prosperity, and foreign affairs than any other hedonistic philosophies like Epicureanism