Trang 1 FOREIGN TRADE UNIVERSITYBUSINESS ADMINISTRATION ADVANCED PROGRAM American PoliticsThe influence of the Supreme Court over the policy-making process Students’ nameIDHoàng Hà Hải A
FOREIGN TRADE UNIVERSITY BUSINESS ADMINISTRATION ADVANCED PROGRAM oOo American Politics The influence of the Supreme Court over the policy-making process Students’ name Hoàng Hà Hải Anh Vương Ngọc Bảo Châu Phạm Đăng Dương Nguyễn Hà Linh Đỗ Phương Linh Phạm Thùy Nhi Dương Thu Phương ID 2111210006 2113280002 2114210023 2113280011 2113280009 2111210622 2112280067 Team : The American Dream Class Professor : American Politics 2023 : Bùi Hải Thiêm Hanoi, 08/2023 TABLE OF CONTENT Executive Summary .2 Introduction Background Information Supreme Court Policy-making process Findings Analysis Public opinion on the influence of Supreme Court Democrats & Republicans opinion on the influence of Supreme Court Efficiency of the Supreme Court's Rulings Conclusion 10 Recommendation .11 References 13 Executive Summary The Supreme Court plays a critical role in shaping policy-making in the United States through the interpretation and application of the Constitution The Court's unique position as the final arbiter of legal disputes allows it to shape public policy, safeguard individual rights, and maintain the balance of power within the government Its independence from political influence is crucial in ensuring impartiality and upholding the rule of law The Court's independence is safeguarded by several key factors First, justices are appointed for life, reducing the influence of short-term political changes on their decisions Second, the Court's institutional design, such as its isolation from public opinion and its insulation from direct political pressure, helps maintain its impartiality Finally, the doctrine of judicial restraint and respect for precedent allows the Court to pragmatically approach policy decisions and prevent sudden shifts in the law The Court's independence, however, does not mean it operates in a vacuum Public opinion, political climate, and ideological considerations can sometimes influence the Court's decisions indirectly When controversies arise, such as the appointment process or high-profile cases, public scrutiny and political pressure become significant factors Hence, the independence of Supreme Court in its decision-making is under great debate Introduction The Supreme Court of the United States is one of the most powerful institutions in the country's political system, entrusted with interpreting the Constitution and making important legal decisions As an independent branch of government, the Court is meant to be insulated from political pressures and influence, ensuring impartiality and fairness in its rulings However, the extent to which the Court should exercise its independence and its level of influence over the policy-making process has long been a subject of debate and scrutiny This essay aims to examine the question of how independent the Supreme Court should be and whether it exercises too much or too little influence over the policy-making process, delving into the reasoning behind each perspective Our goals include investigating the historical backdrop and constitutional foundation for the Court's independence, examining the potential repercussions of too much or too little influence, and presenting a fair appraisal of the Supreme Court's current role in policymaking By undertaking these objectives, this paper aims to contribute to a comprehensive understanding of the Supreme Court's place in the political system, inspire thoughtful discussions regarding the appropriate balance of power among the three branches of government and implement recommendations to increase and balance the Supreme Court's impact on policy-making, ensuring that judgments are well-informed, transparent, and representative of the public's interests Background Information Supreme Court The US government body, the Federal Government, is established by the government to perform specific functions and responsibilities It was composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S Constitution in the Congress, the President, and the Federal courts, respectively (The White House, ) In many countries, including the United States, the Supreme Court is the highest judicial body Its primary function is to interpret and apply the law, particularly when constitutional issues are involved The Supreme Court's structure typically includes mainly nine Justices, in which one serves as the Chief Justice Supreme Court justices in the US are nominated by the President and confirmed by the Senate The process involves nomination, Senate Judiciary Committee review, Senate confirmation, and swearing-in They will serve until retirement, resignation, death, or impeachment The Supreme Court plays a pivotal role in the government, including the interpretation of the Constitution to uphold alignment with its fundamental principles Through judicial review, it scrutinizes the constitutionality of laws and executive activities, thereby upholding a balance in governmental powers The Court solidifies legal precedents with its verdicts, providing a compass for lower courts and influencing the interpretation of laws Additionally, the Court acts as a guardian of individual rights, especially in cases concerning civil liberties and equal protection Policy-making process The policy is a set of guidelines or directives designed to address issues and achieve specific goals The policy-making process provides a structured approach for allocating resources and steering actions toward desired outcomes To formulate a policy, the Supreme Court has to follow the procedure: agenda setting, policy formulation, policy adoption, policy implementation, policy evaluation, policy revision Policy-making in the U.S encompasses the Executive and Legislative branches, which propose and enact laws, complemented by the influence of interest groups, media, and think tanks Implementation occurs at state and local levels, while courts, academia, and international factors provide additional perspectives This collaborative engagement ensures a multifaceted and comprehensive approach to shaping policies The Supreme Court's role in policy making is multifaceted, encompassing: ● Setting Precedents: The Court shapes the interpretation of laws and guides policy implementation by establishing legal precedents ● Constitutional Review: The Court examines the constitutionality of policies and laws, potentially recommending policy changes ● Rights Protection: The Court impacts policy choices, especially related to civil liberties and societal matters, by virtue of its rulings Findings The substantial and increasingly pronounced partisan divisions in the broader spectrum of public sentiment toward the Supreme Court are manifesting in contrasting viewpoints regarding the court's authority and ideological disposition According to the survey conducted in January, 2022 by Pew Research Center, a notable 30% of American adults assert that the Supreme Court possesses an excessive degree of authority, marking a 5% surge from the proportion who held this belief back in August, 2020, where it stood at 25% However, it's crucial to acknowledge that 58% the American populace opine that the Supreme Court wields an appropriate and balanced level of power in 2022, while only 11% perceive it as having insufficient authority to fulfill its constitutional role The partisan breakdown of these perceptions further reveals a stark divide Within the Republican camp, a majority continues to assert that the court's authority is in equilibrium with what is deemed appropriate In contrast, among Democrats, there has been a noteworthy shift in sentiment In January 2022, a significant 40% of Democrats expressed the view that the Supreme Document continues below Discover more Quản trị tài from: KET307 Trường Đại học… 47 documents Go to course Phan-tich-bao-cao38 tai-chinh-cong-ty-… Quản trị tài None QUẢN TRỊ TÀI Chính 108 Thương Quản trị tài None QUẢN TRỊ TÀI Chính 18 ML90 Nhóm 13 Quản trị tài Bai tap chuong bai tap c2 Quản trị tài PV of Annuity None None Quản trị tài None Bảng tra cứu Quản Court has accrued too much power This reflects a substantial increase as it stands as nearly two trị tài times the proportion that held this viewpoint back in August 2020 13 when it was at 23% Quản trị tài Importantly, nearly half of Democrats, constituting 49%, contend that the Supreme Court in 2022None maintains a level of authority that aligns with their perception of what is suitable and balanced Democrats and Republicans have differing opinions on the influence of the Supreme Court During the early 2000s, the Supreme Court's job approval ratings were reasonably constant, ranging from roughly 60% Some notable decisions decided during this time period, such as Bush v Gore in 2000, which resolved the disputed presidential election, and Citizens United v FEC in 2010, which had far-reaching implications for campaign finance regulations, drew a lot of attention and may have affected public opinion The Supreme Court's job approval rating fluctuated from the late 2000s to the early 2010s (20082016), often influenced by major cases such as the Affordable Care Act in 2012, a highly contentious ruling on healthcare reform, and same-sex marriage-related decisions such as United States v Windsor in 2013 As the Court found itself at the center of intense disputes over social concerns, these major decisions resulted in approval ratings ranging from 40% to 50% Moving from the late 2010s to the early 2020s (2016-2022), the Supreme Court's approval ratings remained relatively consistent, with approval often ranging from 40% to 60% During this time, notable cases include Trump v Hawaii in 2018, which dealt with the Trump administration's contentious immigration ban, as well as the confirmations of Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and Amy Coney Barrett in 2020 These confirmations, which are frequently viewed as politically sensitive occasions, may have influenced public opinion on the court, impacting its approval ratings Analysis Public opinion on the influence of Supreme Court From the data above, we can see that the U.S Supreme Court's decisions during the 2022-2023 term have not caused a significant shift in its overall approval rating among Americans, maintaining its standing at 40% This suggests that despite the court's landmark rulings on college admissions, free speech rights for businesses, student-loan debt forgiveness, and the nuances of legislative districting, public opinion remains largely consistent The court's approval rating has experienced fluctuations in the past, notably after its decisions on high-profile issues such as the Texas abortion law The consistent 40% approval rate, even after several impactful decisions, underscores the possibility of a deep-seated sentiment among the American public Compared to the historical average approval rating of 51% since September 2000, the court’s current standing reflects a notable decline from past years, suggesting that its influence and decisions over the past few years have, overall, led to a sustained decrease in public approval A salient example of the court's impactful decisions is its repeal of Roe v Wade, which granted states the authority to set their abortion laws This decision drew divisive opinions across the nation In states on the cusp of enacting strict abortion regulations, the populace was nearly split, with 46% in support and 52% opposing Likewise, states with new or uncertain abortion laws mirrored this divide In contrast, in the 20 jurisdictions where abortion access remains relatively open, a significant 65% opposed the court's ruling This stark division exemplifies the entrenched sentiments among Americans, further explaining the sustained 40% approval rate Democrats & Republicans opinion on the influence of Supreme Court From the data presented in the Findings section, it's clear that perspectives on the Supreme Court's authority differ significantly across party lines An increasing number of Democrats believe there's an over-concentration of power in the Court, whereas Republicans generally see its authority as well-balanced This widening partisan divide highlights the shifting public sentiment, especially among Democrats As the Supreme Court delves into intricate legal matters, this divergence in viewpoints underscores the challenges of upholding a perceived balance in the Court's role and influence The rise in Democrats voicing concerns about the Supreme Court's power can be linked to various reasons Changes in the Court's makeup, especially the nomination of more conservative justices, have amplified apprehensions regarding decisions that favor conservative values Decisions like Citizens United v FEC (2010) and Shelby County v Holder (2013) have heightened concerns about democratic representation Additionally, rulings on polarizing social issues, such as Roe v Wade (1973) and Obergefell v Hodges (2015), have led some Democrats to question the Court's decision-making prowess on contentious topics Collectively, these factors have intensified Democratic concerns regarding the Court's reach, especially concerning healthcare, reproductive rights, and civil liberties Conversely, most Republicans maintain that the Supreme Court possesses an appropriate degree of authority, given their focus on originalism and upholding constitutional tenets They see the Court as a bulwark of limited governance and individual freedoms Decisions like District of Columbia v Heller (2008) and Burwell v Hobby Lobby (2014) find favor with Republican ideals They value the Court's capacity to nullify laws they consider unconstitutional, ensuring a safeguard against potential governmental excesses and maintaining a governmental equilibrium Efficiency of the Supreme Court's Rulings Although there have been periodic spikes in disapproval, overall public and political party perspectives on the Supreme Court's decision-making process exhibit a general satisfaction Notwithstanding diverse opinions and occasional anxieties over specific judgments, a dominant sentiment suggests a broad acknowledgment of the Court's dedication to fairness and equality for all citizens This feeling is enhanced by the Court's time-honored function as the Constitution's protector and the law's arbiter, solidifying its image as an entity adept at resolving intricate legal and societal challenges to ensure just outcomes A case in point is the June 26, 2015 ruling where the U.S Supreme Court recognized the right of all same-sex couples to marry This monumental verdict not only altered legal paradigms but also instigated socio-cultural transitions impacting countless Americans As per Gallup's findings, post the ruling, the well-being metrics of the LGBTQ+ community showed a marked improvement Happiness levels among LGBT individuals surged to 87%, and those experiencing higher-than-average life satisfaction rose to 62% This progress narrowed the well-being gap between LGBT and non-LGBT individuals to negligible margins The ruling was instrumental in creating a more inclusive milieu, granting LGBTQ+ members enhanced levels of happiness and contentment, thereby elevating their overall quality of life Conclusion In conclusion, the analysis of public sentiment regarding the U.S Supreme Court's influence reveals several significant trends The Court's approval rating has shown a consistent pattern over time, suggesting a stable public sentiment despite impactful decisions This constancy, when viewed against sensitive, contentious issues, might indicate a shift in the Court's perceived influence The polarization of opinions on the Court's authority is evident, with more Democrats expressing concerns about its concentration of power, while Republicans view it as a defender of constitutional principles This ideological divide underscores the challenge of maintaining a balanced perception of the Court's role Notably, public satisfaction with the Court's decision-making process remains relatively steady The Court's reputation as a guardian of the Constitution and a fair arbiter contributes to this 10 sentiment, despite occasional disagreements The Court's role in shaping societal norms is exemplified by significant rulings that trigger socio-cultural shifts In essence, while public opinion on the Court's influence varies along political lines, its enduring image as a bastion of justice and equality continues to shape American society in profound ways Recommendation The judicial system needs to remain a delicate equilibrium to necessitate its independence as the seamless integration of constitutional adherence and public engagement The preservation of this equilibrium, achieved through a range of mechanisms, constitutes the cornerstone of a robust democratic society It helps to guarantee that the decisions are based on constitutional principles rather than being influenced by external factors However, the country may also consider consulting its people and studying the actual situation of the country before making decisions on issues directly related to the interests of the people In addition, in terms of balancing the influence on the enactment of laws, the US government should keep its original goal of making decisions based on the constitution and continue to implement the Constitution Furthermore, the preservation of this system's influence necessitates the maintenance of an ongoing discourse and proactive involvement between the general public and the governing entities It is important to recognize and take precautions against the possibility of choices being made without a sound foundation or in disregard of constitutional analysis If left unaddressed, these activities have the potential to encroach into the legislative authority that is rightfully vested in the American populace The importance of public elections as a fundamental element of the democratic process should not be disregarded The potential nonexistence of these elections may pose a threat to the 11 fundamental principles of democratic governance, as it could result in decisions that lack credibility and comprehensive representation Moreover, it is imperative for the judiciary to maintain a vigilant stance in guaranteeing equitable representation and influence for all strata of society The preservation of fundamental rights, particularly those pertaining to minority groups, necessitates the inclusion and acknowledgement of their perspectives within the framework of the legal system Failure to adhere to this principle poses a significant threat to the fundamental principles upon which the nation was established 12 References Jones, By Jeffrey M “Supreme Court Approval Holds at Record Low.” Gallup.com, 25 Aug 2023, news.gallup.com/poll/509234/supreme-court-approval-holds-record-low.aspx Jones, By Jeffrey M “Approval of U.S Supreme Court Down to 40%, a New Low.” Gallup.com, 21 Sept 2022, news.gallup.com/poll/354908/approval-supreme-court-downnew-low.aspx Nadeem, Reem “Majority in U.S Disapprove of Supreme Court Abortion Decision Overturning Roe V Wade | Pew Research Center.” Pew Research Center - U.S Politics & Policy, 21 Feb 2023, www.pewresearch.org/politics/2022/07/06/majority-of-publicdisapproves-of-supreme-courts-decision-to-overturn-roe-v-wade Nadeem, Reem “Views of Supreme Court Far Less Positive After Abortion Ruling Reversing Roe V Wade | Pew Research Center.” Pew Research Center - U.S Politics & Policy, 15 Dec 2022, www.pewresearch.org/politics/2022/09/01/positive-views-ofsupreme-court-decline-sharply-following-abortion-ruling “The Impact of Obergefell V Hodges on the Well-Being of LGBT Adults - Williams Institute.” Williams Institute, June 2020, williamsinstitute.law.ucla.edu/publications/happiness-after-obergefell 13 More from: Quản trị tài KET307 Trường Đại học… 47 documents Go to course 38 108 18 Phan-tich-bao-caotai-chinh-cong-ty-… Quản trị 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