The Creative Role of the Supreme Court of the United States

1957 ◽  
Vol 9 (4) ◽  
pp. 847
Author(s):  
Harvey M. Grossman ◽  
M. Ramaswamy
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Creative Role

Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. I

1918 ◽  
Vol 12 (1) ◽  
pp. 17-48 ◽  
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Republican Nomination

In previous issues of this Review Professor Wambaugh and the late Judge McClain have summarized the decisions of the Supreme Court on constitutional questions from 1909 to 1914. It is the purpose of this and a succeeding paper to deal in like manner with the decisions of the last three years. Owing to the number of cases decided during the triennium, the writer must content himself with the rôle of annalist and refrain from assuming that of analyst. For the benefit of those who desire fuller comment or criticism, references are given to articles and notes in various legal periodicals discussing the more important cases.Since the expiration of the October term of 1913, three changes have occurred in the personnel of the bench. Mr. Justice Lurton died July 12, 1914, and his successor, Mr. Justice McReynolds, took his seat October 12, 1914. Illness prevented Mr. Justice Lamar from participating in any of the decisions of the October term of 1915. He died on January 2, 1916. The commission of Mr. Justice Brandeis, who succeeded him, was not recorded until June 5, 1916, so that during the 1915 term only eight justices participated in the work of the court. Mr. Justice Hughes resigned June 10, 1916, to accept the Republican nomination for the presidency, and his successor, Mr. Justice Clarke, took his seat on October 9, 1916. The bench as at present constituted consists of Chief Justice White, appointed associate justice by President Cleveland and chief justice by President Taft; Mr. Justice McKenna, appointed by President McKinley; Justices Holmes and Day, appointed by President Roosevelt; Justices Van Devanter and Pitney, appointed by President Taft; and the three new justices appointed by President Wilson.

The Management and Autonomy of the Local State: The Role of the Judiciary in the United States

1981 ◽  
Vol 13 (10) ◽  
pp. 1305-1315 ◽  
Author(s):  
R J Johnston
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Local State ◽  
Contemporary Debate ◽  
The Supreme Court

The degree of autonomy of the local state and of urban managers is a focus of contemporary debate. This paper looks at the situation in the United States, where the actions of some local state managers may be subject to scrutiny by a panel of ‘supermanagers’, the justices of the Supreme Court.

The Role of the Judge in Advancing Human Rights - Knight Errant or Slot Machine Automation?

1988 ◽  
Vol 57 (1) ◽  
pp. 29-46
Author(s):  
Justice Michael Kirby
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
Common Law ◽  
The United States ◽  
Bill Of Rights ◽  
The Supreme Court ◽  
Long Time ◽  
Protection Of Human Rights

AbstractIn this paper, the author deals with the "role" of judges in "advancing" human rights. He cautions that the needs of different countries will vary. He starts with a reference to the recent failure of Judge Robert Bork to secure confirmation to the Supreme Court of the United States. Bork had been a long time proponent of judicial restraint in the interpretation of the Bill of Rights, urging that protection of human rights should normally be left to the democratically accountable branches of government - the executive and the legislature. After reviewing the theoretical and practical arguments for and against judicial restraint, the author states his own conclusions. These are that, especially where there is a constitutional charter of rights and particularly in common law countries, judges have an inescapable function in developing the law. Their decisions necessarily advance their view of human rights. In human rights cases, they may nowadays receive assistance from international statements of human rights and the jurisprudence developing around such statements. The author appeals for an international approach but acknowledges that this will be difficult for lawyers, traditionally jurisdiction bound. But he warns that there are limits to the activism of the judiciary in controversial human rights cases. Judges themselves do well to recognise these limits both for their legitimacy and their effectiveness. An important modern challenge to the judiciary is that of resolving this dilemma between the pressures for restraint and the urgency of action.

scholarly journals The supreme court of US as an authority of Constitutional jurisdiction

2021 ◽  
pp. 82-87
Author(s):  
A.S. Yarova ◽  
A.I. Sisova
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Of America ◽  
The United States ◽  
The Body ◽  
Judicial System ◽  
The Supreme Court ◽  
The Creation ◽  
The Individual

Given the uniqueness of the judicial system in the United States of America and the role of the Supreme Court in shaping the country’s entire judicial system, the authors devoted an article to an analysis of the Supreme Court of the United States as the body that makes up the country’s Basic Law, the Constitution. Taking into account the specificity of one of the oldest written Constitutions of the world, it was appropriate to understand the mechanism of its creation, the powers of the body, which creates it also in the characteristics of this body, which the authors of the article have implemented. The authors analyzed a number of scientific works of both domestic and foreign scholars, the legal literature of the United States of America, the provisions of the Constitution, and fundamentally analyzed the legal system of the United States, and in this way the authors reached the correct conclusions. The history of the creation of the Supreme Court of the United States, its functions and powers were also analysed. The stages of the creation of the Constitution and the procedure for amending it were studied; the evolution of the interpretation of various provisions and of the amendments to the Constitution was studied; The role of the Court’s case law in the creation of the Constitution has been clarified; a number of constitutional precedents have been examined, particularly those that have influenced the interpretation of the V Amendment to the United States Constitution. The term «living Constitution» had been interpreted and explained, what the phenomenon was and what role the Supreme Court played. Sufficient attention has been paid to the individual thoughts and views of Supreme Court judges in the various periods of the institution’s existence. Special attention was also devoted to the analysis of the content of the concept of “constitutional control”, its interpretation in a broad and narrow sense. In the conclusions, the authors stress the principal aim of the founding parents, what meaning was given to the provi-sion of the Constitution, and note the impact of the Court on the State, the social system and the legal status of the individual. In particular, the authors note that the Supreme Court of the United States of America has established effective and acceptable jurisprudence for the Ukrainian judicial system, which has provided the basis for this study.

In the Supreme Court of the United States: Clara Watson v. Fort Worth Bank & Trust..

1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Fort Worth ◽  
The Supreme Court
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