Wednesday, October 9, 2019
Compare and contrast the approaches to criminal procedure by the U.S Research Paper
Compare and contrast the approaches to criminal procedure by the U.S. Supreme Court under both Chief Justices Earl Warren and Wi - Research Paper Example His presence on the Supreme Court had an impact. More often changes in the decisions of Supreme Court may be caused by change in an issue or by changes in the behavior of individual justices but membership change is also seen as the most obvious source of change in constitutional law and judicial policy making (Smith & Johnson, 1992). Earl Warren served as Chief Justice between 1953 and 1969 and during his tenure the Supreme Court of the United States was referred to as Warren Courts. During his tenure, Warren led group of justice who were liberal and they used judicial power in unique manner and this led to the protest and dissatisfactions of conservative whom they were the opponents (Fugate, 1997). During Warrenââ¬â¢s tenure, civil rights judicial powers and civil rights were dramatically expanded. The court under his leadership brought to an end the racial segregation in the United States and was praised for doing so while others criticized the court for doing so. The court als o incorporated the Bill of Rights and brought to an end officially the sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact, members of the Court during the Warren reign included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II (Fugate, 1997). The effects of Warren Court have been felt greatly in the society and are still referenced to this date; it has undoubtedly had long effect on the society. Since that time, there has never been another court that enjoys the powers similar to the ones Warren Court enjoyed. Besides, many of the rulings made at that time are still the same laws being used today. William H. Rehnquist was a conservative and he led what was then a conservative revolution on the Supreme Court he helped lead for 19 years. Chief Justice Rehnquist's lead in the institution was one of th e longest in the history of the United States and the consequences were most felt (Belknap & Warren, 2005). William h. Rehnquist was very committed to his work and at no point under his leadership did he relent and he managed to translate most of his personal views and held beliefs into binding precedents. Among these precedents was the one that involved enhanced role of the states within the federal system. Under his leadership, the court accomplished this law that deals with federal system by overturning a number of these laws. Rehnquist made his positions known and everybody knew where he stood and left everybody well aware of his position. His position was made known to the public, especially in 1973 when a court overturned laws that prohibited abortion, in his argument he favored the states power. His writings were also very provocative when he wrote on school segregations and women rights as well as the jobs for the aliens in the civil service. He was also in his writings oppo sed to the health care for the poor and other proposals that seems to benefit the low in the society. It was a very controversial precedent and had huge impact on social issues (Decker, 1992). Also during his tenure at the court, he seemed to be on his own isolating
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.