The Influence Of Supreme Court Justices

Improved Essays
The Supreme Court should be above politics and focused on the law. When the Framers wrote the Constitution, they wanted to keep the judicial branch the one arm of government less influenced by politics to balance out the other two branches. Supreme Court justices have lifetime tenure and are selected via a political appointment process with the President’s nomination and Congressional vetting and approval. Since justices have lifetime tenure, and make decisions that deeply influence Americans’ lives, citizens should have a say in whom they want on the court upholding their rights. An amendment that makes the selection of justices should be considered: The President nominates five qualified candidates to fill the spot on the bench, Congress …show more content…
Supreme Court justices set the direction of the Court and the ideals that guide it for multiple generations. The current process of appointing new judges is problematic because it takes away from the main purpose of the Supreme Court: interpreting legal decisions, without the influence of outside political biases and matters. The task of appointing a new Supreme Court justice was a hot topic of the 2016 presidential election. After Justice Antonin Scalia’s passing, the Supreme Court was split between four conservative justices and four liberal justices. President Obama nominated a candidate to fill his seat, but the Republican Senate did not confirm his nomination because they did not want another liberal judge to replace Scalia, and decided to wait until the newly elected President to make the nomination. Filling the vacant spot on the court is incredibly influential because “just one vacancy and appointment can switch the court from 5-4 on an issue (or many issues) to 5-4 the other way” (Reynolds). The result of the election and the dominating political party on the court plays a pivotal role in the direction of the Supreme Court. The current method of selecting justices even took away from the purpose of a presidential election. For …show more content…
It would be harder to gather the supermajority all of the states because it would result in more efforts lobbying all of the state legislatures, rather than focusing on lobbying in Washington D.C. and concentrating on the U.S. Congress. Even this path will make the amendment process difficult to pass because the idea of voting for justices is polarized. Electing the justices will always remain ideological. If citizens were to vote on their justices, they would simply vote on justices who align with their political beliefs, turning it into another “political” election. Surveys and polls conducted by Gallup, Pew Research, Annenberg Public Policy Center, and the American Council of Trustees show that the general public barely knows the functionalities and structure of the Supreme Court let alone can they name the justices on the Supreme Court (Bomboy). If the justices were selected through an election process, people will most likely vote randomly by picking the most “intellectual” or “qualified” sounding

Related Documents

  • Improved Essays

    For most of our history, the Supreme Court selection process was characterized by its insularity. Until the latter part of the twentieth century, most nominations almost involved exclusively the White House and the Senate. Public controversy over nominees rarely existed and the debate included a small number of insiders. The process of nominating Supreme Court justices manifested the cooperation of the three branches of American national government. The Constitution provides for presidential appointment power over “judges of the Supreme Court” with the “Advice and Consent” of the…

    • 1530 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Selective Incorporation

    • 1029 Words
    • 5 Pages

    Similar to the method and processes used to elect a president through the Electoral College, the Supreme Court works in a way that places the power of the government in educated individuals’ hands as opposed to the direct power of votes in an election for a state governor. It indirectly allows people to influence Court…

    • 1029 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Democrats are opposed to this idea because of the fact the supreme court will be more in favor of Conservative views. This can have impact on things such as welfare, taxes, and other hot topics that the two parties tend to disagree on. All the Supreme court justices and nominees are well qualified to run this highly prestigious possession but the issue becomes regarding the party they are associated with. In my opinion if Judge Gorsuch is selected to be a supreme court justice we will only see changes in cases regarding issues that democrats and republics disagree but at the end of the day regarding other cases justice will be…

    • 275 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The Supreme Court should be able to overturn unconstitutional laws that Congress has passed. There are many reasons to give the Supreme Court this power, first we need someone to enforce the fact that no law should violate the Constitution. Next, it helps balance the three branches of government, and lastly the Constitution puts judicial power into the Supreme Court and inferior courts. This power will stop substandard laws from getting passed, and will protect the structure of our government that is extremely based on the Constitution.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Supreme Court has made a lot of important decisions that impact the lives of United States citizens every day. If I would have to summarize what I have learned from the United States Government class in very few words, it would have to be that the justice system was built to be fair and just for everyone and that the government structure was framed to be as effective as it can be. Even though history has shown more than once that the system can be exploited and government corrupt, like any system and governing body can, it still comes to show that it is effective and was put in place with the people in mind. There was a point in time where the two collided and one of the more important rulings of the Supreme Court has been made. I am talking…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I believe having a Supreme Court is valuable for any democracy to maintain fairness between governmental power and the rights of citizens. However, with a court that wields such authority, the justices serving these courts must be appointed in a manner that represents a balance in political ideology. Moreover, if multiple appointments are made to the Supreme Court by a president and congress of one political persuasion, the court’s rulings can overwhelmingly favor a particular political party’s ideology. Balanced judicial appointments create balanced rulings in most cases. This neutrality can be disrupted by political influence as evidenced in recent rulings. Whether you are for or against it, the Affordable Care Act was considered dead on arrival leading up to the Supreme Court ruling. Of the nine justices, five were considered to vote against the Affordable Care Act, thus leading to its demise. One of the justices within the majority would have to break rank and join the other side of the court for this act to be implemented. Surprisingly,…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The system of checks and balances of power in our political system is essential and judicial review is but one assurance that no single person or group can make a determination to override the Constitution. Members of the Supreme Court must police themselves from within through educated and powerful discussions. It is unlikely that a majority of the group would ever become despots, unchecked by the larger group. In all, there must be checks and balances in our system and the power of judicial review stands as a very critical aspect of this process, while maintaining the equitable balance of power between our branches of…

    • 574 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Constitution of the United States is best understood as the product of a balancing act between the Founders’ desire to avoid a tyranny and their recognition of the need to form a strong government that would ensure national stability and prosperity. The Appointments Clause of the Constitution fits within this framework nicely. Article II, Section 2, Clause II of the Constitution states that “the President…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court.” The clause establishes a clear division of power between the executive and legislative branches in nominating and confirming Supreme Court Justices. The president may not unilaterally appoint justices; he may only nominate them, and abide by the Senate’s verdict on them, whether confirmation or rejection. As the constitutional scholar John McGinnis writes, “the very…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Ensuing, the devastating death of Antonin Scalia, the obvious question rose as to who President Obama will nominate as a successor to Scalia. Since the court is now leveled between liberals and conservatives, court rulings would often tie if a replacement is not found soon. In court rulings the lower court rulings will stand. Ultimately, this could affect cases such as voting rights, affirmative action, labor unions, abortion, contraception and immigration. Senate Republicans have already made the decision to refuse to confirm before the election, considering they want to leave the decision to the next president. Previously, the Democrats have not had a majority on the Supreme Court for more than four decades. It’s no surprise that the Republicans…

    • 160 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    To maintain the strength of the Judicial Branch having a strong system to provide checks and balances of the other branches of government, there should be a certain level of independence for the Judicial Branch. The Judicial Branch often has the last say in matters regarding judicial review, and because of this, they should be able to operate independently from the other two branches and serve as the final say in these matters. According to Padovano, Sgarra, & Fiorino, (2003), the judiciary is generally better positioned to check such unlawful behavior then voters, since he has access to much better information than they do. Voters that often want a bigger say in these rulings are not always the best options for keeping a strong checks and balances for the highest level of decision making that occurs in the judicial review process. A certain level of independence to the Judicial Branch can allow the certainty of a strong separation of powers and checks and balance system that cannot be controlled by the very parts of government it is trying to…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Term limits proposed would break the justices into three classes which are replaced every 4 to 5 years if an opening does not come before then. The second half states that the congress or the state legislators can repeal and decision the Supreme Court makes without presidential threats of a veto if done within twenty four months of the decision. The framers gave congress the power to define the size or courts and the make-up of the federal courts. They expected the courts to be the least dangerous government branch, which it was until the decision in the Marbury v. Madison case, under the decision citing Claus of Article VI: “The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?” ( John Dickhaus; 2013) This decision means the rights were given to the Supreme Court to decide this case even though it was stated in the constitution. The courts give many reasons for us to be ashamed of them, but does this warrant the need to limit the tenure of federal judges and turn the court into a partisan war zone? Justices are not concerned with popularity, they make hard, life altering decisions every day without the fear of making many people mad. Justice should be able to sit the bench without fear of worrying about their positions in the court and focus their time and energy on the hard judicial case decisions that come their…

    • 1421 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    With each case of judicial activism, the public’s respect for the courts diminishes. Two in three believe that the courts are engaging in political activism, and after Citizens United, nine of ten believe that the courts favor the interest of corporations over citizens (Whitehouse 195). Judicial activism has brought the court further into politics which is more contentious than ever. Since judges are often striking down legislation, politicians are looking out for their own interest rather than the qualifications of the candidate when appointing judges. This results in a competition between the two political parties to try to appoint judges that will represent their own interests rather resulting in “Court packing” (Toobin). When courts are ‘packed’ with a majority political ideology, judges can make decisions that are loosely tied to the actual law and make decisions that benefit their political party. 5-4 decisions are increasingly common as a result of this which represents that rathe rthan coming to a consensus, the courts are ruling along ideological lines depending on which side has a majority at the time (Whitehouse 206). The outrage over Citizens United brought judicial activism into the spotlight, and if it continues, respet for the court is likely to diminish further and the judicial branch will become another political entity. If the courts will not avoid judicial activism or the sake of society, they…

    • 1614 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    First, a judge has to be nominated by the President (stated in Article II Section 2 in the U.S. Constitution) Obama can replace whomever he wants to (filling in for Justice Scalia) Once the President has nominated a judge, the Senate Judiciary Committee needs to confirm and the President needs to appoint the new judge. Secondly, the Judiciary Committee has a three step process as to confirming a supreme court judge. Firstly, the Committee does an investigation into the judge’s background. Next, the Committee will hold a public hearing in which the judge is questioned and gives testimonies about everything from his or her judicial philosophy to his or her stand on abortion. Finally, the Committee will report a recommendation to the full Senate. There are three types of recommendations: Favorable Recommendation, Negative Recommendation, or No Recommendation. The third step, the craziest of them all. Throughout the Senate there are 100 senators, 2 for each state. The 100 senators consist of 54 Republicans, 44 Democrats, and 2 Independents. The Senate is forced to follow rules writers quote “insane” because, they are only understood by very few people and incomprehensible. Lastly, a vote will then emerge from the Senate, up or down vote, on whether he got the number a votes required or fell short. If the judge receives an up…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    No two minds are alike and therefore, everyone has different viewpoints and ideas. Of course, this might end in those engaged in this debate assailing each other, however, it is important to understand every argument. In this case, both sides propose good arguments as to why Supreme Court judges should either be appointed or elected. This is why I believe our judiciary system should incorporate the election process into this branch. This does not mean that we should purely rely on the general public to select someone to serve, but let the people’s votes have some power against the president and senate as to who they think should hold office. If people on the opposing side of those who hold office share their voice through an equal form of voting, we will be one step closer to achieving unity within our…

    • 2056 Words
    • 9 Pages
    Superior Essays