Thursday, December 10, 2009

A sexiest judicial system

What it means to call a judicial system sexiest if it does not mean one sex is promoted over the other is that when laws or decisions are created by legislation their must be some type of adversity. If a judicial system is sexiest Mackinnon is trying to explain that men are dominantly making the rules for the country. Without the diversity of women then according to her theory there is a discrimination against women because they are not involved in the legislative process. Men dominantly hold most positions in congress and are the majority on the U.S. Supreme Court. Unfortunately women do not hold many positions in congress or on the bench and there still has yet to be a woman president. This does not mean that woman have not made strides through history because there are two women who serve on the U.S. Supreme Court. In addition, there are several women in congress and the House of Representatives such as Hillary Clinton and Sarah Palin. Mackinnon’s argument does make sense because it is the same comparison to having to diversify juries when deciding a case. By having diversity in the jury it will bring different opinions and views to the court giving the defendant a fair trial instead of having all of the same people with same philosophies deciding the case. This was shown in the Powell v. Alabama case where the Supreme Court found the trial unconstitutional because they did not allow black citizens to rule on the jury. By not having women involved in the legislative process and judicial process the judicial system is sexiest under Mackinnon’s arguments

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