Supreme Court and Government Essay

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Hamilton Assertion Proves Incorrect

There are parts of Hamilton's statement regarding the nature of the Supreme Court and its influence that are largely inaccurate. There are myriad examples which prove the Supreme court has both force as well as will. Moreover, its influence certainly pertains to matters that are both related to finances as well as government or military solidarity (what Hamilton referred to as "the sword"). When one considers both of these aspects of what the legislative branch of the government has come to mean in contemporary times as well as throughout history, it seems readily apparent that Hamilton was incorrect in his views regarding it.

Perhaps the most prominent way in which the aforementioned statement from Hamilton is judged as incorrect relates to the fact that, contrary to his opinion on the matter, there certainly is a sense of will associated with the Supreme Court. It is not infrequent to have justices appointed to this branch of legislature to have political slants. Typically, those political angles are either conservative or liberal or, as they are widely manifested in contemporary times, those pertaining to either Republicans or Democrats. Oftentimes, whichever representative from one of these two political parties happens to be in the executive branch will choose, when it is possible to do so, a Supreme Court justice who harbors his similar political sentiments.

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Not surprisingly, Republican presidents tend to appoint conservatives. Similarly, democrats tend to appoint liberals to the Supreme Court bench. These men then try a variety of cases of considerable magnitude and, although they can always tend to exercise their own free will, tend to side towards their partisan leanings. In such a way this branch of the government does have both force and will.

There are actually multiple court cases that demonstrates the sway the Supreme Court has over financial affairs in this country, despite Hamilton' statement that this branch of government supposedly does not exert any influence in this way. However, many of the court cases in which it issues judgment pertain -- either overtly or explicitly -- to matters which have financial implications. Perhaps one of the best examples of this fact is the Brown v. Board of Education decision which took place in 1954. This judgment is predominantly known for the effect it had on civil rights and segregation, as it usurped the Plessy v. Fergusson decision of 1896 which said segregation….....

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