Legislative and Judicial Roles of the Supreme Court - Essay Sample

Introduction

The administrative responsibilities of the American courts are provided based on the level of the court within the system. In this regard, understanding the hierarchy of the courts is crucial. It is from this hierarchy that the cases in different departments such as criminal and civil departments are heard. The Supreme Court of the United States of America is the highest court in the land since its constitutional establishment in 1790 (Hall et al., 2005). The Supreme Court plays a major appellate role in which, it hears matters that have been appealed from the federal courts and on the grounds of certiorari. The certiorari requirement is a factor that is necessary as not all cases satisfy the merit to proceed to the Supreme Court. Majority of the cases that are appealed to the Supreme Court challenge some precedence and the court would be required to interpret the position of the Constitution. In its capacity, the Supreme Court is more inclined to constitutional interpretations as opposed to hearing cases. This is significant as it allows the lower courts to handle the matters accordingly and in the process shorten the litigation process.

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Public administration is a discipline that is concerned with the implementation of government policies. The judicial system is one that involves the legal services that are extended to the public. Understanding the roles of the different courts of the judicial system makes it possible for a public administrator to engage and gauge what type of legal action to take when policies are defiled. In essence, a public administrator's knowledge of the role of the courts such as the Supreme Court, for example, makes it clear to what level and extent judicial action on the grounds of violation of government policies can be taken (Denhardt et al., 2000). Further, the distinction between the Supreme Court and the other Federal courts over their roles grants a public administrator the opportunity to know from which point to approach the judicial system.

Information about the judicial and court system of the United States can be derived from various websites across the internet. However, the United States Courts website at www.uscourts.gov which is the official website as well provides ample information regarding the different courts in the United States. In particular, information about the Supreme Court of the United States is presented in great detail. The website provides for the background and even the process by which the justices that are appointed by the president and confirmed by the Senate. The jurisdiction of the court is discussed as well as the type of cases that may be heard by the Supreme Court. In essence, in learning more about the roles of the courts, the website proved to be most informative.

As a public administrator, the implementation of government policies requires that the systems are first understood and evaluated in terms of their legality and conformation to the constitution which is the supreme law of the land (Smith & Licari, 2006). Government policies are made by the legislators, and therefore, lawyers and advocates are some of the key players that public administrators are in constant interaction. Practically, lawyers know the provisions and interpretation of the constitution, and therefore, they can interpret what the government policies adduce for the public administrators to implement (Manning, 2004). As such, it is with the help of the lawyers in the interpretation of policies and laws per the constitutional provisions that public administrators can understand and implement the government policies with better knowledge.

The decisions of the Supreme Court tend to have a substantial impact on society as a whole. Several resolutions have been passed that have significantly been used to uphold the rights and freedoms of the American people across all ages and backgrounds. One of the most significant decisions of the Supreme Court was on the matter of Tinker v Des Moines Independent School District (1969). The case was subject to students practicing their freedom of speech as constitutionally provided while at school. The students wore black armbands in solidarity against the Vietnam War, and they were suspended for violating their school's rules. The matter was heard up to the Supreme Court where it was held that the right and freedom of speech is accorded to all Americans. The students did not forfeit their rights and liberties at their school's gate (Tinker v Des Moines Independent Community School District, 1969).

On the contrary, the students are entitled to their rights and freedoms on an equal measure as every other American in any other institution. This decision has encouraged more students to speak up against injustices as they are no longer demeaned to be American citizens with limited rights and freedoms. The freedom of speech has made it possible for students to stand up against crimes and gun violence in the schools. The students have made it necessary that their voices are heard and not shunned. In essence, this Supreme Court ruling not only helped students speak out but also, defend for the recognition that the rights and freedoms apply to all Americans regardless of age.

References

Denhardt, R. B. et al. (2000). The new public service: serving rather than steering. Public Administration Review. 60 (6): 549-59.

Hall, K.L. et al. (2005). Institutions of American Democracy: The Judicial Branch. New York, New York: Oxford University Press

Manning, John F. (2004). The Eleventh Amendment and the Reading of Precise Constitutional Texts. Yale Law Journal. 113 (8): 1663-1750.

Smith, K.B. & Licari, Michael J. (2006) Public Administration - Power and Politics in the Fourth Branch of Government, LA: Roxbury Pub. Co.

Tinker v Des Moines Independent Community School District 393 U.S 503 (1969)