The Balance Between Legal And Political

This article is mainly in the Dred Scott case as the main line, inspecting theSupreme Court of the United States how to determine their own “behavior edge”between law and politics. The Dred Scott case occurred in1857, Roger. B.Tanjawas served as chief justice in The Supreme Court. The case of the trial and judgmentare also made by tanja court. Reviewers used "notorious","hateful" and "worst" ofjudicial review of such harsh words to evaluate the Dred Scott case. Because, Tanjaljudge lets court jurisdiction extend to the political edge, and makes black slaves besequentially considered property of the slave owners. Actually, at that time the UnitedStates is in the north and south on both sides of the sharp conflict between the thequestion of whether the abolition of slavery, so that tanjy court’s verdict of dred Scottlosts angered the abolitionist without any doubt. Shortly after the anti-slaverymovement in the north is broke out. As Lincoln successfully elected, Republicansounds the horn combat accordingly. Thus the civil war in the Dred Scott case verdictquietly breaks out after a few years.From the Dred Scott decision leading to vicious civil war erupted rapidly，TheSupreme Court must renew its authority and be limited in the scope of the law.Because the corresponding political problems is solved only by the special politicaldepartment. The functions of court let some really interest opposite parties make ajudgment about their disputes within the scope of the legal authority. For sensitive political issues involved, court should not interfere, also should not be fancied himselfcould be trying to heal the country split.This article is divided into five parts: First of all, making the the court of Tanja courtperiod and Marshall court period which are the early period of American courtsmake a brief introduction. Anglicizing from the Supreme Court even to tenny courtperiod in the Supreme Court’ social prestige is not reaching to the high status, and thepeople do not completely trust in the Supreme Court; Then in the second part mainlyintroduces the Dred Scott case process and its judgment causes social consequences;Then anglicizing the the case reason to come to the conclusion. As answering hotzwave cross-examine, How to make the decisions of the Supreme Court to obtain thevery good implementation. For the Supreme Court, first of all Tanja judge shouldreshape his principles of self-restraint. Also is to let exercised jurisdiction in thebounds of the law to avoid involvement in sensitive political issues and make thejudicial power as a kind of auxiliary tool of maintaining political stability, so thatcourt really does separation of powers, do their jobs and cooperate with each other.Second, the Supreme Court’s decision should be acceptable to the public. Even if thepublic doesn’t like the verdict, they are still willing to perform without losingconfidence. how can we allow the public to voluntarily accept the verdict, the mostimportant thing is to get the Supreme Court’s judgment highly consistent with theconstitution principle. Because the constitution is to protect citizens’ rights. Therefore,only when the Supreme Court’s decision consistents to the Constitutional principles,the constitution makes its real constitution. At the same time, making the self restraintprinciple throughout the course. The Supreme Court can better achieve social stabilityand people’s stability, more efficient to maintain the ruling class’s political order.