Courts Are Political As Well As Legal Institutions

Courts Are Political As Well As Legal Institutions

Instructions/Descriptions

Courts Are Political As Well As Legal Institutions

Discussion question

Evaluate the assertion that courts are political as well as legal institutions.  Do you agree with the authors’ arguments? How do courts and politics differ?

Response 1

Courts are both a political as well as a legal institution. They are legal institutions in the sense that they protect and enforce the laws. They can be considered political institutions because laws are being interpreted in a prevailing context that can be influenced by politics, which making politics and indirect factor in courts. I would agree with the author, that courts are both political and legal institutions.

Courts are different from many other governmental bodies, they differ in the way on how they get their business. The legislative and executive branch of the government are proactive institutions, however, courts are more passive and reactive. “Courts depend on others to bring matters to their attention, courts have a limited ability to control their agenda” (David Neubauer, 2016).  Legislative and executive bodies do not take action on what they do not have to take action on, in contrary, judges like to make decisions.

“The relationship between courts and other political institutions differs in important ways around the world. In some nations, the courts are independent of the government; in others, they are subservient. In some nations, courts largely confine themselves to handling routine decisions, but, on occasion, court decisions have wide ramifications” (David Neubauer, 2016).

Response 2

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Courts will always be political players within any system.  It doesn’t matter how many safe guards we put in place there will always be an element of biasness within a judge.  How a person is raised and the experiences they have throughout their life contribute to the development of their brain and how they make decisions. “Because you are your brain. Anything that changes your brain, changes who you will be. Your brain is not just produced by your genes; it’s sculpted by a lifetime of experiences. Experience alters brain activity, which changes gene expression. Any behavioral changes you see reflect alterations in the brain.”  (Kolb, 2009, p. 1).

While judges are supposed to uphold the constitution and apply it to laws and cases specific most laws are politically dividing.  Having judges that share a similar political view and lifestyle will most likely further you political agenda.   To become a Supreme court judge in the United States you need to play your politics.  “  in the United States, most judges, especially those at the appellate level, possess privileged backgrounds; they have attended the most elite schools, clerked for the most elite courts, and pursued the most elite careers in public or private law. Inevitably such judges bring a certain world view both on the bench and in society” (Rosenbaum, 2019, p. 2).  In order to become a judge you need to have political connections such as the president of the United States.  But in most cases they will only nominate you if they believe you will benefit their agenda.  Recently we have heard the president mentioning the idea of packing the Supreme court with additional judges because of unfavorable rulings.  In my opinion it had become accepted that politics guide our political system.  We want judges appointed who line up with our political views rather than upholding the Constitution.

Courts Are Political As Well As Legal Institutions

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