A Political, Not a Judicial Institution.’ Discuss This View of the Supreme Court. Essay

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‘A political, not a judicial institution.’ Discuss this view of the Supreme Court. The US Supreme Court is at the top of the federal judiciary and there are 13 circuit courts and 94 district courts below it. Cases heard in the Supreme Court are cases that have been appealed from the two courts below; however The US Supreme Court only hears those cases that it wishes to hear. There is no automatic right for a case to be heard and the Court rejects over 96% of cases that appeal to be heard there. Some people hold the view that The Supreme Court is not a judicial institution but instead a political institution where they think more politically instead of legally in their decision making. There are nine members of the Supreme Court today and these justices were nominated and confirmed by politicians. To become a justice you must be appointed by the president and receive a simple majority vote by the Senate to be confirmed. It is known that the president nominates a candidate with a compassionate feeling towards his agenda. For example in 2010, President Obama appointed Elena Kagan to be a justice of the Supreme Court. For democrats this was a brilliant nomination as Kagan herself is a democrat. Because of the life tenure granted to justices, many of the time justices outlive the presidents time in office. The Supreme Court is seen as political due to this, the appointment of justices’ are really in favour of the president’s political interest as they are somewhat of a legacy of the President who appoints them, to ensure his political ideology remains somewhere in the US system. The US Supreme Court is also seen as a political institution rather than a judicial one because of the power of the court through judicial review. Judicial review is a review by the US Supreme Court of the constitutional validity of a legislative act. This gives the Supreme Court the power
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