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Essay on the supreme court

Published: 23rd March, 2015 Last Edited: 23rd March, 2015

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Abstract

The United States Supreme Cour System is closely connected to the Chief Justices and their style of leadership. The influence the whole system and the system influences them. This research would examine two significant periods in the United States Supreme Court history, which are connected with the names of Justice Warren and Rehnquist, who could be called one of the most influential figures in the U. S. Supreme Court of the second half 20th century. The essay would examine the influence of both Justices' Courts on the U. S. Juridical system and the core decisions that illustrate this influence.

Introduction. Thesis Statement General Description of the Subject Observed

It goes without saying that different people provided a significant impact on the development of the contemporary juridical systems. It would be obvious to note that the development of the United Sates Supreme Court is closely connected with historical personalities, who were appointed to be Chief Justices. Among the most recent personalities Chief Justices Earl Warren and William Rehnquist could be called one of the most influential on the contemporary United States. So called Warren Court provided really significant changes in the U. S. Supreme Court in the period between 1953 and 1969: "To many people, the idea of judicial deference to the elected branches lost much of its theoretical appeal in the 1950s and 1960s, when the Supreme Court, under the leadership of Chief Justice Earl Warren, was invalidating school segregation (Brown v. Bd. of Educ.), protecting freedom of speech (Brandenburg v. Ohio) striking down poll taxes (Harper v. Bd. of Elections), requiring a rule of one person, one vote (Reynolds v. Sims), and protecting accused criminals against police abuse (Miranda v. Arizona)" (Cass, 2005.) Another significant historical figure in the development of the U. S. Supreme Court is William Rehnquist, who served for 19 years and is considered to be one of the most stable U. S. Supreme Courts in the United States History, but the same time it should be noted that a number of the very controversial decisions were taken by this court. This essay would examine the approaches these courts used and what effect did their decisions have on the balance between social order maintenance and individual liberties.

Warren Courts and Its Effects of the U. S. Juridical System.

Chief Justice Warren was the one who viewed law from the pragmatic sight, treating it as tool for reaching equity and fairness. He was appointed on this position by the president Dwight Eisenhower and it would be essential to note that his vision of law was corresponding to the current state of things in the United States: the struggle for equality. Some scientists consider that his approach is one of the most effective in this sphere: "when the political institutions had defaulted on their responsibility to try to address problems such as segregation and reapportionment and cases where the constitutional rights of defendants were abused" (Schwartz, 1996).

It would be essential to note that Warrant courts were the ones that strongly followed ethical principles and the interpretative structures were left behind considering professional ethics to be the strongest component in seeking for the solutions in such questions as human rights and equity. Some investigatyors describe Warren's principles such as "philosophical, political, and intuitive, not legal in the conventional technical sense" (Tushnet, 1996)and considered the best illustration for such a statement would be such ground breaking cases as Brown v. Board of Education, Reynolds v. Sims and Miranda v. Arizona, were so called traditional sources of precedent were collected against him. It should be noted that at the times Warren there was a remarkable consensus within the court, especially this could be observed I such controversial cases as Gideon v. Wainwright, Brown v. Board of Education, and Cooper v. Aaron. These cases were solved unanimously alongside with the questions dealing with religious recitations in schools. Among them we could mention Abington School District v. Schempp and Engel v. Vitale. This period was illustrated by some extraordinary cases when in the case of Cooper v. Aaron, every member (all nine justices) signed the final decision. The three of them were the new members who also were willing to signify their support and joining the decision in the case known as Brown v. Board.

It would be very important to mention that Warren Court was quite radical in the following areas: radical attitude to the first eight amendment promoted within the Bill of Rights (as well as incorporating against the statement in the 14th Amendment), the court's commitment to the unblocking the channels of political change (known also as "one - man, one - vote"), the energetic protection of the racial minorities rights seeking for the equality and adequate perception of the representatives of minorities. Some researches regard the Warren Court's decision as being radically nationalist in thrust as the Court Regarded Congress's powers within the Commerce Clause rather broadly and as it happened expressed unwillingness to let the constitutional rights use their variety from state to state (the case Cooper v. Aaron is regarded to as the manifest explicit and perfect illustration of this). Another idea is that the Warren Court in a number of cases took quite a broad view of the individual rights, generally declining the reading the Due Process Clause of the Fourteenth Amendment broadly separately from the contextual understanding (the best illustration for this is the case Ferguson v. Skrupa).

Generalizing the effects the Warren Courts had on the development of the U. S. jurisdiction and Supreme Court I would like to make a stress on the fact that their protectionist practice and

Rehnquist Courts and Its Effects of the U. S. Juridical System.

As it was mentioned Earlier Chief Justice Rehnquist and his Court took a number of controversial decisions. The Court generally had a narrow vision of Congress's powers within the commerce clause and it is perfectly illustrated in the case the United States v. Lopez, which took place in 1995. Another noticeable case is Texas v. Johnson, which held in 1989 and the decision of it declared that the First Amendment to the U. S. Consitution protected the burning of the flag as it was certain form of speech. Another noticeable decision which is considered to be the one of the best illustration of the contradictory decision of the Rehnquist Court is unconstitutional recognition of the students-led school prayers, which were actually officially sanctioned. Lawrence v. Texas appealed against the laws which prohibited sodomy in 2003 and Stenberg v. Carhart happened in 2000, which made invalid laws that prohibited late-term abortions. The researchers of this period in the U. S. Supreme Court often regard to these cases and decision as a part of so called "culture wars". The top of this controversy is the Court decision in the case Bush v. Gore, which actually put an end election recounting in Florida, which followed the president elections held in the year 200o. The decision of the United States Supreme Court let George W. Bush become the President of the United States. The Rehnquist Court is considered to be remarkably stable during 11 years until his death and what is interesting the composition of the court during these years was left unchanged. William Rehnquist was considered to have conservative federalist vision and that seriously influenced the decision of the Court he headed. The researchers make a stress on the fact that the Commercial Clause was reviewed according to the these federalism perception of Justice Rehnquist

It is a well known fact that under the Rehnquist the 14th Amendment was rejected and he applied it only for solution slavery questions, but having no deal with abortion rights and prisoner's rights. It goes without saying that such an attitude made him quite a contradictory person, whose impact on the development of the United States Supreme Court is undoubted. It would be obvious to note that such a perception of the 14th Amendment anyway let people protect their rights and reach success.

Conclusion

In the end I would like to make a stress on the fact that both Courts had a significant impact on the U. S. Supreme Court and without any doubts corresponded to the times they operated

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Bd. of Educ.), protecting freedom of speech (Brandenburg v. Ohio) striking down poll taxes (Harper v. Bd. of Elections), requiring a rule of one person, one vote (Reynolds v. Sims), and protecting accused criminals against police abuse (Miranda v. Arizona)" (Cass, 2005.) Another significant historical figure in the development of the U. S. Supreme Court is William Rehnquist, who served for 19 years and is considered to be one of the most stable U. S. Supreme Courts in the United States History, but the same time it should be noted that a number of the very controversial decisions were taken by this court. This essay would examine the approaches these courts used and what effect did their decisions have on the balance between social order maintenance and individual liberties.

Warren Courts and Its Effects of the U. S. Juridical System.

Chief Justice Warren was the one who viewed law from the pragmatic sight, treating it as tool for reaching equity and fairness. He was appointed on this position by the president Dwight Eisenhower and it would be essential to note that his vision of law was corresponding to the current state of things in the United States: the struggle for equality.

It would be essential to note that Warrant courts were the ones that strongly followed ethical principles and the interpretative structures were left behind considering professional ethics to be the strongest component in seeking for the solutions in such questions as human rights and equity. Some investigatyors describe Warren's principles such as "philosophical, political, and intuitive, not legal in the conventional technical sense" (Tushnet, 1996)and considered the best illustration for such a statement would be such ground breaking cases as Brown v. Board of Education, Reynolds v. Sims and Miranda v. Arizona, were so called traditional sources of precedent were collected against him. It should be noted that at the times Warren there was a remarkable consensus within the court, especially this could be observed I such controversial cases as Gideon v. Wainwright, Brown v. Board of Education, and Cooper v. Aaron. These cases were solved unanimously alongside with the questions dealing with religious recitations in schools. Among them we could mention Abington School District v. Schempp and Engel v. Vitale. This period was illustrated by some extraordinary cases when in the case of Cooper v.

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