Are the courts policymakers or not Put it in the perspective of Research Paper

Are the courts policymakers or not Put it in the perspective of judicial restraint versus judicial activism. Use relevant court cases to justify your position and explain why you chose those cases - Research Paper Example To demonstrate the validity of the above argument, the paper will briefly explore the United States Supreme Court and how its rulings have shaped American policies. According to Boundless.com (2013), â€Å"the Supreme Court holds the power to overturn laws and executive actions they deem unlawful or unconstitutional.† This means that the court has the power to nullify a policy if it is found to be unconstitutional. Let’s examine two cases from the US Supreme Court, these cases have been chosen since they originated from the highest court in the land and they touch on the highest office; the presidency. The case of Humphrey’s Executor Vs United States was decided that the president does not have the power to remove a member of an independent federal regulatory agency without the consent of Congress (Mauro, 2012). Another case is that of Nixon Vs United States in 1974 addressing the executive privilege; the Supreme Court declared that no president is above the law (Phschool.com). From these two cases it can be safely argued that courts are policy makers as they establish checks and balances to the institution of presidency and this forms part of policy pertaining to this office. Even as the court exercises its constitutional mandate, it is critical that judicial restraint be used as opposed to judicial activism. This is because the former emphasizes the limited nature of court’s power to honor only the past precedents while the later advocates for the use of personal views in deciding cases (Slimef 2010).Personal views are known for biasness and prejudice and should not be used in deciding cases of national importance. Policy can only stand if it is supported by the law and courts are the custodians of the law hence it is safe to argue that courts are policy makers as has

A persuasive paper Essay Example | Topics and Well Written Essays - 500 words

A persuasive paper - Essay Example This being the normal tradition consequently, the less men are attached with emotions, the less prone they are towards vulnerability at expressing weakness or sentiments openly by crying. As opposed to the chief attribute of the submissive female counterparts whose role is well identified with nurturing and other delicate tasks that are domestic by nature, they behave in a fashion more accustomed to put mind setting on 'doing' rather than 'feeling' in this order so that men tend to build on a dominating character. In the society, set conventions or norms reflect this issue all the more and with a regular emphasis placed upon the bold distinction between gender roles, men generally respond in favor of such expectations and press themselves to act accordingly. Men are expected to show anger and stubbornness, women to express happiness, sadness, and fear (Kallen, 1998). Through time and course of history, people have learned to classify men under those images that embody the world of sp orts, action themes in the film industry, and prominent figures in warfare.