The Supreme Court as a Political Entity

While I accept that theoretically a infer should non consider extralegal factors when making a ruling, I cannot accept your premise that all resolve rule as neutral arbiters who rely solely on precedent, Constitutional text, and pilot intent of the Framers. As with any other individual in public service, judges be still human beings, and therefrom bring with them their own prejudices, personal biases, and preconceived notions when taking the patio. This is not to say that they do not have the intent to fork up to rule neutrally, or that the oath of office taken is dismiss by the wayside like refuse. Rather, I purport that the truly process under which they have risen to be considered for the bench is a political one, and indeed makes them a part of the political game outside which you consider them. I will cede that you are correct in part, at least on some level. It is obvious that the Court, as conceived by the Framers, is designed to be separate from the vagaries of regular political office. For example, in Article I of the Constitution, the Senate and the House of Representatives are subject to proscribed terms and limitations. In Article II, the President is subject to even more squiffy restrictions and a limited term as well.

Article III, however, states that judges are to hold their Offices during good Behavior, and therefore are not elected by popular vote. Similarly, this process is believed to remove the pressures of fix groups that the President, Representatives, and Senators face: since judges are not elected officials merely are appointed, they will face less lobbying from interest groups and their decisions are less likely to be colored by outside influences. In addition, the Constitution gives only narrow jurisdiction to the Court, check it to mostly appellate jurisdiction. This means it must wait until a lower court has ruled on a reason before the Court can hear a field of study outside of its original jurisdiction of cases affecting... If you want to get a full essay, order it on our website: Orderessay

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