Supreme Court Justice System

Improved Essays
Although during certain periods, the term Supreme Court “Justice” may be seen as an oxymoron, the judiciary branch has helped pave the way for tangible change for various disenfranchised peoples. This essay argues that raising cases in US courts has held a pivotal role in the attainment of increased rights for different social groups, as exemplified by the cases raised by African American, and Asian American groups. The success of such cases is contingent upon a suitable political climate. It has been argued that the Supreme Court makes rulings that it believes can be implemented. Unlike Congress which holds the ‘power of the purse’ or the executive branch which can issue executive orders to carry out its goals, the judiciary has no …show more content…
One of the biggest problem’s plaguing the Asian-American community is the pursuit of equal treatment in the educational admissions process. In an attempt to make school more diverse, often times schools are made ‘less-Asian”. Due to the growing number of Asian-Americans, many perspective students find themselves in need of disproportionately higher test scores. In order for an Asian-American student to get accepted into a private college the student would need to score 150 points higher on the SAT than their White counterpart. Although In the wake of NAACP v. San Francisco, one of the cities’ elite public high schools, Lowell High School was forced to take students from a minimum of four out of the nine identified racial/ethnic groups, with no group making up more than 40% of the school’s population to help remediate segregation claims. Out of a sixty-nine-point admissions index, Chinese Americans were forced to score sixty-six points, while “White, Japanese, Korean, Filipino, American Indian, and ‘other non-white’ students” only had to achieve a score of fifty-six. In Ho v. San Francisco Unified School District, the Chinese-American community attempted to raise a case on the grounds that pursuant to the Fourteenth Amendment their right to equal protection under the law was being violated. In accordance with Bakke v. California, which struck down specific racial quotas used in admissions for higher education, the plaintiffs felt that since Lowell High School was a very elite public school, that it should be treated the same a college. However, their motion was dismissed by the Ninth Circuit of the US Court of

Related Documents

  • Superior Essays

    Not only does this case deal with the concept of affirmative action and racial quotas, but also the equal protection clause in the Fourteenth Amendment, which states that no business or state shall deny a person based on their race or sex. Allan Bakke, the defendant in this case, actually applied to the university two…

    • 975 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    On October 12, 1977, a thirty-five-year-old white male by the name of Allan Bakke took the University of California Davis Medical School to the California Supreme Court for rejecting his admission into the school “because of his race”; he believed his rights had been violated under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, and Title VI of the Civil Rights Act of 1964. The University of California Davis Medical School reserved sixteen spots for minorities out of every 100 students. Allan Bakke, wanting to become a doctor, applied for medical school at the university two years in a row, and was rejected both times. Bakke discovered all of the minority students let into the school instead of him had lower test scores and grade point averages than he did, and so he was convinced that if the school didn’t have the minority program, he would be accepted into the university.…

    • 531 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    7. Why is the Court’s absence of judicial enforcement important? The absence of enforcement authority has allowed Congress and the president at times to ignore Supreme Court rulings. Congress and presidents have good reasons for favoring this approach that allows Congress to delegate lawmaking discretion to the executive branch without surrendering ultimate control.…

    • 1201 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Government Vs Constitution

    • 1410 Words
    • 6 Pages

    1. According to the excerpts from Marshall 's ruling in Reading 9.1.1 and from Federalist No. 78 in Reading 9.1.2, if the Constitution says one thing and a law passed by Congress says another, the Constitution must give way. In the excerpt from Marbury v. Madison, 5 U.S. 137 (1803), the author argues that the powers of the legislature are “defined and limited”. Acts of Congress that conflict with the Constitution are not law, and the Courts are bound to give way to the Constitution. The Constitution, in his view, is either a superior and unchangeable law, or is “on a level” with ordinary legislation.…

    • 1410 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In the historic 1803 Marbury v. Madison Supreme Court Case, William Marbury filed suit and requested the Supreme Court to order James Madison to convey to Mr. Marbury the commission of justice of the peace for the District of Columbia. This was originally appointed to him by President John Adams prior to him leaving office. Mr. Marbury contended that while this appointment was never officially commissioned; it was, nonetheless, rightfully and legally his. While this case originated as a debate between two political parties regarding the legality of an appointment, the ruling by Justice John Marshall established a far greater and longer reaching precedent. In Justice Marshall’s ruling, he noted that while Marbury was entitled to the commission, that the Supreme Court did not have the authority to force Madison to deliver the commission.…

    • 574 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Texas Three Branches

    • 1105 Words
    • 4 Pages

    The Three Branches In order for the United State of America to have equal power, so that one person would not have more power over another. The Founding Fathers decided to write a constitution to divide the powers in to three branches. Each branches holds different types of responsibilities, but when they combine their powers, it will make sure the government is run smoothly and fairly, so that it is following the citizens’ rights. Each branches has an ability to keep the other two in check and that is how they would maintain balance amongst the three branches.…

    • 1105 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In Federalist 78 Hamilton defends the Constitution’s lifetime tenure of Justices on the Supreme Court. In doing so Hamilton argues that, because of the Court’s particular role and purpose, appointing Justices for life poses no threat to republican governance. To start, Hamilton identifies the duty of the Court as, “to declare all acts contrary to the manifest tenor of the Constitution void,” this is what becomes Hamilton’s definition of judicial review. Those who opposed the Constitution, Antifederalists, argued that the power of judicial review was far too great to be wielded by Justices appointed for life. In response to this Hamilton argued as to why lifetime tenure was, “an indispensable ingredient in,” the efficacy of the Judiciary.…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The United States has attempted to make efforts through trial and error to enact rules and regulations in order to protect and govern its citizens. The sole purpose of the Supreme Court in our society is to interpret the law and to have the final say in a case. For example, an investigation led to a man who they believe is a killer who murdered two victims .The courts held a second trial, the prosecutor tried to introduce evidence of the accused being “silent.” The prosecutor hopes to convince the jury that because he is silent, he is guilty of the crime.…

    • 1038 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The educational, systematic and structural injustices that occur can be seen in these interviews. Through them all unfairness can be seen in both the “high- performing students,” or Asian Americans and the “low- performing students,” or Latinas/Latinos. The students and faculty have come to believe in these everyday stereotypes of their classmates and students as being “smart”, and “hard working” if you look Asian and “stupid”, and “lazy” if Latino/Latina. Reading these interviews it confirms the harm that these stereotypes have caused and confirms that the achievement gap is greatly affected by this. Asian Americans at Southern California High School (SCHS) are encouraged by their counselors, teachers, students, and even their parents to be the best, to make straight A’s, take AP and Honors courses.…

    • 951 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Board Of Education 1954

    • 996 Words
    • 4 Pages

    Historical relevance Brown vs. Board of Education, 1954, was decided six years before my birth. By the time I began kindergarten in 1966, schools in the South and in Chicago were still segregated. Mandates to ban “separate but equal” schools were of little consequence to the thousands of school age youth who had to attend schools on the South Side of Chicago. “Willis Wagons “ were brought to Black schools to manage overcrowding. Chicago Public School Board president Willis sought to remedy overcrowding by delivering mobile classrooms on playground and parking lot spaces at Black schools.…

    • 996 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Supreme Court Influence

    • 829 Words
    • 4 Pages

    The Powers and Influences of the Supreme Court Founding father Alexander Hamilton once stated that he believed that the Judicial Branch would be the weak link of the three government branches. However, the branch is much more powerful than Hamilton could have ever expected. The Supreme Court has a lot of power, including judicial review that helps them be empowered when it comes to checks and balances. They also have the ability to grant a writ of certiorari to have cases sent up for a review.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Prompt 2: The Supreme Court is not an effective, counter-majoritarian protector of the rights of oppressed minority populations in society when fundamental rights are at stake. However, rather than serving as an end-all-be-all and strict law of the land, the court’s decisions have often taken a considerable amount of time to enforce and come into place. Rather than being a protector of the rights, it is wiser to look at the court as an impetus for change. This is not to undermine the extraordinary power that the court has, but instead look at their power from a different angle.…

    • 1718 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    In 1954, the Supreme Court shifts its support of protecting economic rights during the Lochner era, to a commitment to equality liberalism. Brown is a proper use of the Supreme Court’s power. Its four valid shortcomings reveal the support Brown had from other political actors. Brown’s support provides the court legitimacy for their ruling and provided an era for equality. This era of equality allowed the court and social movements to work in synergy.…

    • 1217 Words
    • 5 Pages
    Great Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    The Judiciary is the section of government which is tasked with interpreting laws passed by parliament. In the USA the constitution established the Supreme Court under article 3 of the constitution. It is the ultimate authority in constitutional interpretation and its decisions can only be overturned by a constitutional amendment. In the UK, a supreme court was established in 2009 to provide greater clarity in the UK’s constitutional arrangements. In the UK, under the concept of Parliamentary Sovereignty, it is parliament which makes the laws but it is the courts who are tasked with interpreting them.…

    • 1432 Words
    • 6 Pages
    Superior Essays