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Monday, April 1, 2013

Law 3 Cases

Writing Assignment
The United States exacting Court has seen many jurists know and go throughout its long history. Each of these justices has had an important govern in the law do policy and procedure of the United States and some(prenominal)ly has arrived at a conclusion for a showcase in a different manner or form. No two justices can completely agree on everything. Because of this, justices argon typically categorized into different realms of thinking. For example, one justice can arse his or her decisions strictly on the literal meaning of the schoolbook of the Constitution, whereas another can base his or her rulings on the schoolbook of the Constitution, but look at what the words truly meant in the past and apply it to the law today. Another view justices are said to use is called realism. Realism is the idea that a justice uses not only his or her own personal beliefs when decision making a case but alike takes into consideration orthogonal factors such as the mood of the public and political perceptiveness of other branches (Epstein and Walker 30). Opponents to realism believe that the realist approach is remote too flexible and can create instability in the law.

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However, advocates of realism claim that justices are merely pile, and all people have strong political beliefs and it is almost impossible to frame away from those beliefs (Epstein and Walker 39). Proponents of realism also agree that the Supreme Court not only applies the law but also makes the law. In the following pages I will describe several court cases and state why the Supreme Court is making the law rather than just applying it.
The first court case I would like to explain is Gibbons v. Ogden (1895). Gibbons and Ogden had a partnership to put away steamboats and carry people from innovative York to New Jersey. Gibbons received a federal permit to operate steamboats along the coast and Ogden purchased a right to transport people in area of New York from a past monopoly. However, because of the monopoly Ogden possessed, the two had a...If you want to get a full essay, order it on our website: Orderessay



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