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On The Ideology Of The Supreme Court Of U.S. After The New Deal

Posted on:2015-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:G L ChengFull Text:PDF
GTID:2296330467458688Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Supreme Court of U.S. has been growing from the least dangerous powerto the significant power of the three branches since the New Deal. In the Americanpeople’s view, the Supreme Court has an imposing reputation. As an un-electedbranch, the Supreme Court is the real protector of the constitutionalism. When theelected branches are not willing to make decisions, the Supreme Court steps in andsolves the problems. To the questions of gay marriage, segregation and abortion, theideology of the court affects the outcome of these cases and the way of Americancommunity. I would like to do some research in the zone of the ideology of theSupreme Court when these cases come to my mind.After the Depression, the Democrat president, F.D.R., used Jeffersonism todecorate his New Deal. By the “Court Packing Plan”, F.D.R. instilled Jeffersonisminto the Supreme Court. The status of the Court was coming down and Congress andthe President were affecting every corner of U.S. The Republicans paid attention tothese cases. By the endeavor of several generations of the Republicans from JusticeStone, the Jeffersonism was cleared away. The Republicans built the building ofMadisonism in the Supreme Court. The Supreme Court plays a more important rolein the three branches than expected when Madison structured the constitution.The job of the Supreme Court is to balance democracy and constitutionalism to limit the power of the elected branches and make the thought of Madison ofprotecting the people’s political rights come true.Via analyzing the substantial caseswhich were decided by the Supreme Court after the New Deal, this essay tries to geta better understanding of the Justices’ value, legal thoughts and politic thoughts.This essay tries to understand the ideology, historical backgrounds and the reasonsof the Supreme Court in a historical way. Also, this essay points out that theSupreme Court is not only a judicial branch, but also a political branch, which isaffected by different parties and holds its main ideology.
Keywords/Search Tags:Ideology, Jeffersonism, Madisonism, theSupreme Court
PDF Full Text Request
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