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To what degree does the Supreme Court have a 'political' role? And in what 'political' direction have the most recent courts taken the Supreme Court?

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  1. In its first years of existence, it had not that much political importance: it dealt with admiralty and common law cases
  2. Meanwhile, the court has a political role
  3. In recent years, the Court has shown even more activism

The judiciary, from the nature of its functions, will always be the least dangerous' in the department of power. This opinion, formulated by Alexander Hamilton in the Federalist papers, relies on a restrictive vision of the role of judges, considered as 'mouths of the law'. According to this view, judges are impartial and removed from the pressure of politics, and apply the law adopted by the legislative and executive powers; they do not create law by themselves. Is this not a distorted view of reality, at least for the higher courts in the judicial system? In the United States of America, the Supreme Court involves itself in politics. Composed of a Chief Justice and eight Associate Justices, it is the highest court, established by article 3 of the American constitution. It has two types of jurisdiction, a marginal original jurisdiction and, more importantly, an appellate jurisdiction over decisions taken by the state and federal courts.

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