Analysis Of Civil Disobedience: Beware Of The United States Supreme Court

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Andrew Mondrus Professor Varon Civil Disobedience: The State and Law 10 December 2014 Beware of the United States Supreme Court Democracy has been defined as a “government by which the supreme power is vested in the people” by the U.S Department of State’s Bureau of International Information. Unfortunately, the judicial branch has acted oppressively. The design of United States judicial system is indeed flawed, allowing the courts to become undemocratic. Consequently, the courts have become an oppressive figure in American politics. The erroneous nature of the judicial branch has led the court to become authoritarian. Each Supreme Court justice operates on a method of judicial interpretation. However, how does one know the how to exactly…show more content…
Subsequently, without a sustained method, each defendant’s trial will not be positioned on the same method of judicial interpretation. Defendants in the traditional period may receive a different decision then in the modern period due to “new activist theories of constitutional interpretation” (Wolf 1). Without a trial with an identical approach to judicial interpretation to every defendant, the court then has acted undemocratically because the legitimacy of every ruling is up for…show more content…
Subsequently, without any proper foundation in its decision the court took action over the legislative or executive branch to establish the national bank, portraying the court as tyrannical institution. Although the courts are burdensome, the system can also be democratic. Sidney Hook addresses activity of the Supreme Court of race inequality “in the south in the 1950’s in the decision of “Brown v. Board of Education in Topeka and through the Civil Rights Act of Congress.” Hook’s identification of Supreme Courts influence in “Brown v. Board of Education in Topeka through the Civil Rights Act of Congress” (Hook 69) shows significant service to civil rights. Furthermore, partaking in landmark cases and legislation illustrates institutionalization of equality. Despite judicial activity “from the 1880’s into to the 1960’s” most of the United States “enforced segregation through Jim Crow law”. Subsequently the judicial system acted inefficiently towards race
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