According to our text, Political Science is a systematic study of government and politics, the research that is produced helps to guide our presentation of the judiciary. The courts are separate and distinct from the executive and legislative branches the principle players have law degrees, use language that is different than ordinary English, and follow formal procedures in court. The courts are interconnected with the Constitution, politics, the president, interest groups, federalism, elections, the media, political parties, and public opinion (Meinhold, 2013).
The most power symbol of the American Government is the Constitution. The Constitution grants the judiciary considerable respect especially when it comes to the Supreme Court.
…show more content…
Nominations made to appoint judges to the bench not only change present decisions, but influence the future. This is not just for the federal court system, local and state officials use the courts to as well to change policies to their advantage (Meinhold, 2013).
The Legislature Branch includes Congress, the Senate, and the House of Representatives was established by Article I of the Constitution. The Legislature Branch actually passes the laws which create an institutional balance in our government this often causes conflict between the legislature and the courts who have to enforce those laws. Passing the laws, sometimes done with unintended consequences for the courts, examples include strict sentencing guidelines and the war on drugs (Meinhold, 2013).
Election disputes have also come into the courts to resolve. Bush v. Gore (2000), was the first time the court actually chose the president in our nation’s history. Candidates that lose by a narrow margin often turn to the courts with allegations of voter fraud or irregularities in the election. Elections will affect the judiciary and the judiciary sometimes decide the election results. Judges are elected by voters in many jurisdictions (Meinhold, 2013).
Judgeships are an important source of patronage valued by both political parties. The Republic party nominate judges that are more conservative to show support to their party. The Democrats
Under the U.S. Constitution, this appointment is a lifelong position that will only be nullified if the judge resigns their post or dies in office. This creates serious contests within the partisan political environment found among federal representatives, for any candidate appointed to this post helps define the direction of the Supreme Court for the rest of their life. Thus, it is frequently believed that a president who appoints a judge to the Supreme Court is creating a legacy, helping to shape the direction of the laws for the country for a time long after their presidency has expired. This makes the selection of a judge a hotly contested process.
A recurring theme that is explored throughout the topic of conflict with the courts is politics and power. After Republicans gained control of the executive and legislative branches of government, the judiciary is regarded with suspicion for harboring Federalist beliefs. After Jefferson was inaugurated, his supporters in Congress launched a attack on these judges, by attempting to repeal the Judiciary Act. The Marbury v. Madison case resulted in a conflict over constitutionality, making a historic moment when the court ruled that although Madison had to perform his official duty of transmitting appointments, the Court had no authority to make him do it. The Court concluded that Congress exceeded had exceeded its
The power that the executive branch holds over the judicial branch is that the president, executive branch, is allowed to choose the judges. Who will be in the courtroom.
For example, in the 1930s, President Franklin D. Roosevelt sought to expand the court and create a majority of Democrats, who, if appointed, would fervently support his New Deal program. Professor Gregory G. Caldeira (Ph.D.), in the Department of Political Science at The Ohio State University, argues in his article, Public Opinion and The U.S. Supreme Court: FDR’s Court-Packing Plan, that in this incident, there was indeed an “intimate connection between the actions of the justices and support for the Supreme Court…during which Franklin D. Roosevelt sought legislation to permit him to pack the high bench with friendly personnel” (Caldeira, 1987, p. 1139). Referring to the Gallup Polls of 1937, which showed that public support for the court substantially decreased in four months, he believes that justices tend to build up their relationship with parties in brief periods before appointment. He sardonically states that this phenomenon has become a “series of well-timed decisions” (Caldeira, 1987, p. 1141). Even though Congress eventually rejected Roosevelt’s “Court Packing” plan, Caldeira’s view demonstrates the drastic influence of the executive branch, and more broadly, party politics, on the high court. This particular case portrays that party politics are continuing to undermine the Constitution
In the nineteen thirties, the people of Missouri would pick judges and eventually politicians realized they could buy judges. They would buy votes especially an American politician Tom Pendergast, would try to pack the court with those who agreed with his political ideas. Until merit selection, the lawyers went against it and wanted a better way for judicial selection. Both Democrats and Republicans worked together and campaigned without financial interest. Leading to the Missouri plan where the judge is now chosen by merit and qualifications.
A very recent example of the politics involved in Supreme Court appointments was the 2001 election. It was assumed that the next president would probably be making three new appointment to the Supreme Court. Because of this fact, the president could use this
In the process of judicial selection in the New York, the court system conducts partisan elections to choose the judges for the trial courts. The candidates for the judicial positions initially compete in primary elections to clearly identify those to represent the respective parties in the general election except for the candidate for the supreme court. The judicial system chooses the Supreme Court candidates through a party convention system which involves the primary voters electing convention delegates. The delegates are then tasked with the responsibility of choosing the
The first part of this essay will provide a brief insight into the history of the Supreme Court, the original intentions of the founding fathers and a discussion on how they idealized the relationship between politics and the law. The second section will explore how the contemporary process to which judges are appointed has become significantly influenced by politics. The third section will discuss how the Supreme Court overstepped its boundaries on constitutional interpretation in the Roe v. Wade case. The final section will unpack the importance of partisanship and ideological politics and discuss how it impacts the function of the Justices in their
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,
The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision, stop laws from being passed, and basically control all decisions the governments makes. The legislative branch, also called the congress, consists of the House of Representatives and the senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated states against states that are larger but with less population (www.Usgovinfo.com).
Judges and legislators are elected the same way, through partisan elections. They as Democrats and Republicans and are elected by the public, or popular vote- an act of voting by the electorate of a country or area.
Politics play a major role in every country and those who hold office have had some prior experience in politics before achieving the seat they now hold. Many of these politicians have backgrounds in Political Science that gave them the knowledge to pursue politics. Political Scientists study the origin, development, and operation of political systems. They research ideas that will help them analyze government policies, trends and other political issues. Political Science is a highly competitive field that requires many skills to achieve a job within the industry. However, once the time is taken to gain these skills, the benefits of the job are substantial.
The origin of legal approach can be traced back to the 19th century when the study of politics also included topics like law and legal systems. For instance political scientists studying the legalities of the Supreme Court of the United States is predominantly legal in nature. The political scientists studying the legal approach does not restrict himself to exploring the legal system as such but goes one step further and also focuses on the legal and constitutional aspects of political decisions. The legal approach treats political science as a separate branch of study because they study in detail the legal aspects of the political system.(Tokani 2002)
Political science includes a wide range of topics that attempts to describe and explain the political process, politics, and the relationship among governments. As American citizens we should all be informed and be educated about all these above topics. We as citizens cannot be unconscious of our government as the government can make or break our lives. The general areas of study in political science include American government and politics, political theory, public administration, public law, comparative politics and international relations.
As centuries have passed, political thought has undergone constant development and together with its development are changes. These changes had a tremendous effect in the discipline. Political philosophy continued to progress which affected both political theory and political science. It seems that with the progression of political philosophy, there was a growing need for the the discipline to become more scientific. They wanted it to be based on facts, to become value-free and to be precise. Political philosophy started veering away from the classics. Despite the continuous need to be scientific, there were still groups which remained inclined to the classics and believed that the traditions and values are essential in studying the discipline. These conflicting views concerning the traditionalists and the behavioralists caused the gap between political philosophy and political science and eventually the two separated. So it seems that as political philosophy progress, political science branched outside the academe and political theory, as it grew larger became more and more alienated.