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Is the Supreme Court abusing its power
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Should the Judiciary Have as Much Power as It Has?
These passages present a discussion about arguments concerning the Supreme Court's power. This is an important debate for America since the Supreme Court can alter the principles that by which we live by. The two positions argue whether or not the judiciary has too much power. Both viewpoints have valid claims warranting consideration; for example, evidence indicates that the judiciary has little power to implement their decisions. In contrast, opposing evidence suggests that despite this point, they still practice judicial review. While both sides of the issue have valid points, the claim that the judiciary has too much power is the strongest position, the position supported by a preponderance of the evidence cited in the passages. The most convincing and forceful reasons in support of this position are that
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For example, the judiciary has declared has declared 100 plus federal laws to be unconstitutional. In addition, depending on the political leanings of the justices, as well as the political leanings of the time, the judiciary can radically reshape public policy. Consequently, the Supreme Court should not have the ability to so drastically shape the principles of the country. The second relevant point to make in support of the claim that the Supreme court is too powerful is that justices are appointed for life. In support of this point, only seven justices in the entire history have been impeached. Additionally, since justices have no need to pay any attention to the public's opinion, there is the potential for justices to become careless and interpret the Constitution with reckless abandon. In short, due to their appointment to power and life long terms, justices can become a threat to America and its
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of t...
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
The Supreme Court is allowed to decide the rulings for this country, but the thought is that they should only make decisions within the legal scope of the United States even if they happen to parallel foreign or international law. It is noted that those with this view tend to lean on the more conservative, Republican side. The Republican National Committee, in a piece titled “We the People: A Restoration of Constitutional Government”) states: “subjecting American citizens to foreign laws is inimical to the spirit of the Constitution. … There must be no use of foreign law by U.S. courts in interpreting our Constitution and laws. Nor should foreign sources of law be used in State courts’ adjudication of criminal or civil matters” Representative Tom Feeney, a Florida Republican, even brought up the idea of impeachment for Justice Members of the Court that didn’t act correctly in the ways of the Constitution (“We the People: A Restoration of Constitutional Government”).
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Yes, I think Congress has too much power. Because under the constitution, Congress has the most important power and that is to make/change laws. (The powers of Congress-http://www.ushistory.org/gov/6a.asp) In this paper I will explain to you how Congress has too much power by, it being split into two large bicameral legislatures, they have the power of impeachment, and they have the power to approve the spending of federal money.
More and more people have grown disillusioned with the Supreme Court in the last thirty years than ever before. We have seen more of a shift from decisions aimed at bettering the lives of the people, to politically driven decisions with only the elite, profiting. This fact highlights the court’s need to gradually move toward a modern and evolutionary interpretations of the Constitution, rather than trying to render “new world” decisions, from an “old world” perspective. In simpler words, the nine residents of One, First Street need to embrace the idea of a Living Constitution. A Living Constitution simply refers to a Constitution which evolves as time passes by, whether it be in the form of amendments, or interpretation. I believe the main criticism, from both Robert Jackson and James Burns is that as time evolves, the Supreme Court has an obligation to interpret the
In William Hudson’s book, American Democracy in Peril, he writes about different “challenges” that play a vital role in shaping the future of the United States. One is the problem of the “imperial judiciary”. Hudson defines its as that the justice system in the United States has become so powerful that it is answering and deciding upon important policy questions, questions that probably should be answered by our democratic legislatures. Instead of having debates in which everyone’s voices are heard and are considered in final decision-making process, a democratic-like process; we have a single judge or a small group of judges making decisions that effect millions of citizens, an “undemocratic” process. Hudson personally believes the current state of judicialized politics is harming policy decisions in Americans. According to him, the judicial branch is the “least democratic branch”, and ...
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
Government officials serving in the Judiciary branch hold incredible power, not only due to judicial review, but also because they are insulated from the American people. Supreme Court Justices are unelected and hold lifelong terms in office. Officials that are appointed by the President or a party usually have that person or party’s interests in mind. This action is not democratic because it allows the Judicial Bench to be stacked with a singular party’s morals and beliefs. This phenomenon contradicts all aspects of democracy by giving indispensable powers to these officials for life, by taking away the people’s right to representation by election, and by allowing certain degrees of judicial activism. Unelected judges that make important decisions for the American Government are not held responsible or accountable for any actions that appear to be wrong in the public’s eye because they cannot be removed from office except when having been convicted of a felony.
Our supreme court has been around for decades for the purpose of interpreting the law. Supreme court justices go through years of school and extensive work in order to receive the honorary position. The opinions, of supreme court justices, are highly respected and trusted. However, that does not mean that every decision that is made, is the right decision. Interpreting the law depends on the time period, current laws, morals and a list of other aspects of America’s society, at the time the law is being interpreted. Based on what the current law and morals were, I will dissect the best and worst supreme court decisions.
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in America, it is the last chance for those looking for justice. Second, due to its power of judicial review, it plays a key role in ensuring that each branch of government abides by its own power. Third, it protects civil rights and liberties by cancelling out laws that violate the United States Constitution. Finally, it sets appropriate limits on democratic government by making sure that popular majorities cannot pass laws that harm or take illegal advantage of unpopular minorities. While it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of the law.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.