The Strengths And Weaknesses Of The American — страница 3

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states in 1961, and in 1966, he sharply police interrogations of criminal suspects” (O’Brien). These rulings gave him a mark in history as one of the “great chief justices” (O’Brien”. Another Chief Justice included in this article is Burger who on the other hand ” proved to be a considerable disappointment for conservatives” (O’Brien). Although he was a devoted Republican he, often times, voted on the liberal side. He was a friend of Warren who had an intrigue for court management. But his personality and prevented him from being decisive, and he was incapable of compromising which is a key to one’s success in leading the Court (O’Brien). There were a few important ruling during his appointment like the Roe v. Wade case, which lead to the right for a woman

to obtain an abortion (O’Brien). There were few judges like Justice Brennan and Marshall who voted against this. They were called this because of their independent and strong judgments (O’Brien). There are exemplary judges and those who do not necessarily qualify. Chief Justice Warren was an exemplary judge but his crony Burger was under qualified for the job. But the job itself is hard and involves compassion, knowledge, and sternness some of which Robert H. Hork, author of Our Judicial Oligarchy, says are lost and much of the time is not apparent. Hork says that ” the most important moral political, and cultural, decisions affecting our lives are steadily being removed from democratic control. Only justices Antonin Scalia and Clarence Thomas attempt to give the

Constitution the meaning it had for those who adopted it”. This is quite a strong statement that he makes. It introduces a whole new aspect on the previously unknown weaknesses of the Supreme Court. Hork states that “most members of the Court seem to be gnostics firmly believing they have access to wisdom denied the rest of us. Justices may be out of tune with reality and the truth of the law. They rule, as if they know best, but shouldn’t they? Isn’t that the job that they should fulfill, to know what is best? They should know what is best for the country but not by their own will or opinion but by the application of the constitution. Justices have become more liberal and rule on decisions that may not involve them. They even so far as to overriding present desires when

they ” declare a statute unconstitutional” (Hork). Hork accuses them of sometimes making up what is not there. He provides five examples of which the Court has demeaned itself and weakened the constitutions purpose and has ultimately empowered themselves as the sovereign authority. Using two of the cases will help to expand on his accusations. Virginia Military Institute had been an all-male school and it was protected from not admitting women by an equal protection clause for 128 years. The Court ordered this institution to admit women under the guise equal rights and anti-discrimination laws. But it is the law that was used the equal protection clause that protected the Institution for 128 years (Hork). In another case a hauler had been an outspoken against the Board of

County Commissioners which is not an unfamiliar practice. But the Court elevated patronage to the level of a First Amendment violation. This is an evident misapplication of the First Amendment. These cases are examples of the weakness and frivolity of the Court. Many Justices are arrogantly self ordained, impervious to arguments about its proper behavior, and unrestrained in its loose interpretation of the constitution which all can lead to a disastrous in for the reliability of the Supreme Court and its duty to reinforce democracy. These are distinct weaknesses for the judicial branch but the legislative and executive branch suffers from certain weaknesses. Congress and the Presidents have always mingled. The job of congress is to legislate. It ultimately shares this duty with

the President and the Supreme Court, but remains at the center of making legislation. Congress introduces its own legislation and does the bidding of the people (lecture 11/17/99). It had much strength and now has many weaknesses. In chapter 10 section one of Cigler and Loomis’ book entitled American Politics, we learn about the changing textbook congress. The strength of Congress resided in its party unity and loyalty, coordination, reciprocity in the 1940’s and the 1950’s (C&L 350). Congress was known for its hard working members who knew each other’s name and were familiar with each other. Party members were loyal to what their respective party represented. There was organization and a give and take relationship between members of congress. This all changed. The