Wednesday, May 8, 2019
Overriding Supreme Court Decisions Statutory Interpretation & Reaction Essay
Overriding supreme judicatory Decisions Statutory Interpretation & Reaction Legislation - Essay good exampleNext, one must ask, what argon the powers of the Supreme beg Obviously, the powers that the Congress and the Supreme Court have argon going to be different. The Supreme Courts most important responsibility is to decide cases that raise questions of constitutional interpretation.The Court decides if a law or government action violates the Constitution. This power, known as judicial review, enables the Court to cancel both federal and state laws when they conflict with its interpretation of the Constitution.2Secondly, what argon Congressional overrides Congressional overrides are most likely when a Supreme Court interpretation reveals an ideologically fragmented court, relies on the textbooks field of study meaning and ignores legislative signals, and/or rejects positions taken by federal, state, or local government.3Overrides usually exit when the meaning of a text is s kewed and it was misinterpreted by the Court or not ruled on fairly. Congress is much more likely to override plain meaning decisions that any other type of Supreme Court decision.4Further, the law requires that certain objectives are met in the reading of a text. Applying the plain meaning of the text furthers important rule of law values, such as predictability, certainty, and objectivity.6Usually when Congress overrides the Supreme Court, it is through quickly (usually within two years). However, sometimes the Court may misread the predilections of Congressmembers, or, rather, be cryptic in the way it tells Congress that there are problematic Constitutional issues that need to be resolved. Normally those sorts of overrides are also in a year or so and usually come with added worries that the Court is not functioning efficiently.As is bound to happen, perhaps, certain interest groups such as women and the disabled are usually the key players in Supreme Court statutory decisions.Th e Court has been more conservative than Congress on issues involving civil rights. The Courts relative conservatism in civil rights cases can be attributed to the difficulty of applying old statutes and legislative history to unanticipated problems and to the Courts own strongly conservative preferences about civil rights policy. Congress Democraticmajorities have been move to liberal civil rights enforcement7 In the 70s, Congress tended to be leaning to the left, politically speaking, while the Supreme Court was more conservative regarding civil rights. As such, the Court generally had to deal with more overrides at that time. That tends to be the case whenever a liberal Congress is harnessed with a conservative Court. However, this is not incessantly the case. During the late Warren Court and early Burger Court (1967-71), the Courts preferences
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