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supreme courts reactivity to popular will in modern times

The Supreme Court safeguards much of its power by creating walls to separate its power from public opinion and political pandering. And while impartiality is undoubtedly the preeminent characteristic desirable in a justice, it is impossible to nominate a human being that is not at least partially fallible and swayed by the society around him.

The Warren Court of 1953 to 1969 perfectly illustrates the concurrent philosophies of the Court with the prevailing political party of the day. The growing thought of the time was for increased civil rights and an activist government. President Eisenhower integrated the military and was a strong voice for racial reconciliation. John F. Kennedy and Lyndon Johnson were liberals who were both interested in achieving the Great Society, with racial equality a chief goal. In 1954 the Warren Court unanimously followed the trend of the time, and ruled in Brown v. Board of Ed. that separating blacks from whites was inherently unequal, thereby paving the way for the entire civil rights movement. In '64 the court continued to reflect public opinion, when it chose to accept the very loose interpretation of the interstate commerce clause to further it's activist agenda in the Heart of Atlanta


The Supreme Court is obviously in some relation to the popular will. The Justices do not act blindly to the circumstances of the nation, because they are people affected by the circumstances of the nation like anyone else, and are given power by men elected by the general will. However, it is both their responsibility and goal to act blind to the relative situations they encounter, and determine what is objectively right and just according to the United States Constitution.

It is the very structure of the Supreme Court which is intended to protect the decisions from following "election returns." Justices are given life terms so they can remain impartial and not have to garner favor from the political machine in order to keep their positions. And since it is a life term, liberal justices appointed by liberals will be on long enough to influence decisions under conservative presidents, and vice versa. And even though a court might be named after its chief justice, who very well may reflect the presidency, who appointed it, the chief justice is still only one vote of nine. In terms of the checks and balances of the Court system, the constitution has provided amply.

The Rhenquist court, appointed by Reagan, has been more dedicated to party lines. With Federalism as its chief goal, the court has increased states' rights, and limited its own scope. In determining the constitutionality of the Gun Free Schools Zone Act, the Court rejected extension of the interstate commerce clause and struck the act down. The court also limited its own power to hear death penalty cases on the grounds of habeas corpus. The scaling ba

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Approximate Word count = 1105
Approximate Pages = 4 (250 words per page double spaced)


  

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