Supreme Court and State of the U.S. Justice System

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Table of Contents

Introduction: Changes in the Supreme Court Composition and Direction
The Cases That Point to the Tendency for a Change: Analysis
Principles of Judicial Review: Marbury v. Madison
Analysis: The Development of the Supreme Court
Conclusion: Effects of the Recent Changes in the Supreme Court
Reference List

Introduction: Changes in the Supreme Court Composition and Direction

The changes in the U.S. political strategy have affected the judicial system considerably. Specifically, the U.S. Supreme Court has been experiencing changes recently. The overall tendency for its liberalization seems a welcome change of pace.

The Cases That Point to the Tendency for a Change: Analysis

The White v. Wheeler (2010) case points directly to the fact that the liberal social justice affects the choices made by the U.S. Supreme Court to a considerable degree (Bentley, 2007). Particularly, the decline of the death penalty as the final decision of the court can be deemed as a proof of the liberal attitudes to become the mainstream tendency in the U.S. Supreme Court.

The Obergefell v. Hodges (2015) case, in its turn, shows that the Supreme Court seems to be geared towards a more liberalist point of view (Redfield-Ortiz, 2011). Its composition, therefore, appears to be rather democratic. The case was resolved in favor of the plaintiff, i.e., it granted same-sex couples with the right to marry (Obergefell v. Hodges, 2010).

Last but definitely not least, the Arizona State Legislature v. Arizona (2010) case deserves to be brought up. It sheds some light on the positive ways in which the U.S. Supreme Court can use its power. Specifically, the means of addressing the problem of gerrymandering (Bradshaw, 2013) were outlined.

Principles of Judicial Review: Marbury v. Madison

Marbury v. Madison can be viewed as a graphic example of the expansion of the Supreme Court’s competencies in the United States. Particularly, the judge’s decision in the specified case ruled in favor of the Supreme Court by granting it the right for the judicial review of the rest of the legislative and executive agencies of the U.S. government. The specified decision affected the U.S. justice system to a considerable degree by reinforcing its power.

Analysis: The Development of the Supreme Court

One must admit that the direction in which the Supreme Court is going can be defined as liberal. While the changes occur at a very slow pace, they are still evident. Specifically, the fact that the rights of the people who have been oppressed for a considerable amount of time, including the homosexuals, are finally being recognized, deserves to be noted as a graphic proof. In addition, the recognition of the demand of the plaintiff to reconsider a specific instance of a death penalty by the Federal Court shows that the liberal moods are getting increasingly strong.

However, the tendency for the Supreme Court to retain its control over the key social and political changes occurring in the state as shown in the Arizona State Legislature v. Arizona case displays the possibility for it to return to the erroneous concept of judicial power as promoted by the decision on Marbury v. Madison. Therefore, the problem concerning the use of power by the Supreme Court needs to be looked into somewhat closer.

Conclusion: Effects of the Recent Changes in the Supreme Court

The cases analyzed above point clearly to the obvious trend for the reinforcement of the influence of the Supreme Court in the U.S. justice system. However, as far as the composition of the court is concerned, there is a slight tendency for the Federal Court to gear towards a more liberal point of view regarding the current topical social issues.

Reference List

Arizona State Legislature v. Arizona 13–1314. (2010). Web.

Bradshaw, S. (2013). Deciding where to draw the line: Compactness as a protection against gerrymandering in Missouri redistricting. Missouri Law Review, 78(3), 869–896.

Bentley, C. (2007). Constrained by the liberal tradition: Why the Supreme Court has not found positive rights in the American Constitution. Brigham Young University Law Review, 2007(6), 1721–1765.

Obergefell v. Hodges, 772 F. 3d 388 (2010). Web.

Redfield-Ortiz, K. (2011). Government by the people for the people? Representative democracy, direct democracy, and the unfinished struggle for gay civil rights. Arizona State Law Journal, 43(4), 1367–1416.

White v. Wheeler 14–1372. (2010). Web.

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