Exercise of judicial review to invalidate laws

Assignment Help Other Subject
Reference no: EM13794343

In a recent lecture at Yale University, Supreme Court Justice Stephen Breyer cautioned that while most citizens assume that judicial review is an enduring part of American government, judges should not take it for granted. He advises that if judges wish to preserve this undemocratic power they should follow a judicial philosophy that will "build confidence in the courts" (Breyer, 2011). Justice Breyer goes on to describe the kind of judicial philosophy he has in mind. However, some of his colleagues on the Supreme Court would reject his ideas about what philosophy should guide judges.

The role of judicial philosophy (or ideology) in Supreme Court decision-making, especially in its exercise of judicial review to invalidate laws enacted by a democratically elected Congress or state legislature, has become a highly contentious issue both within the Court's deliberations and in the larger political environment. As the nation becomes more divided over programs and policies that inevitably seem to come before the Supreme Court, politicians and ordinary citizens are caught up in rhetoric about judicial activism or judicial restraint, often with little understanding of what these terms really mean. 

Moreover, as public perceptions of the Supreme Court become more politicized, the legitimacy of its power becomes clouded. If the Court is perceived as just another political institution making political decisions, but a completely undemocratic institution because its judges are appointed and serve for life, questions arise about whether the Court's power of judicial review should be strictly limited or eliminated altogether. Justice Breyer's warning comes to mind as the percent of Americans approving of how the Supreme Court does its job slid from 61% in 2009 to 46% in 2011 (Gallup, 2012).

Before writing your initial post, review the assigned resources. To easily access the resources from the University Library, please see the table located in the Course Materials section.

In your initial post of at least 200-250 words, respond to one of these questions:

  • What judicial philosophy should guide the Supreme Court's exercise of judicial review?
  • Should the Supreme Court's power of judicial review be strictly limited by a constitutional amendment?

In answering either question, clearly state your position (thesis) at the beginning of your post. Define important terms and explain your position fully. Consider pro and con arguments on both sides of your position and respond to the con arguments. Justify your position with facts and persuasive reasoning.

Fully respond to all parts of the question. Write in your own words. Support your position with APA citations to two or more of the required resources required for this discussion. Please be sure that you demonstrate understanding of these resources, integrate them into your argument, and cite them properly.

Reference no: EM13794343

Questions Cloud

Maximize net income reported to stockholders : A Company has a large portion of its plant assets concentrated in an area where technology is changing rapidly. This company wants to minimize taxable income and maximize net income reported to stockholders. Recommend a course of action for this comp..
Comprehensive analysis of the use of due process : In the short paper: Provide a comprehensive analysis of the use of due process in the criminal justice system of China, Russia, and the United Kingdom compared to the United States.
What was the original cost of the asset : A company had a bulldozer destroyed by fire. The bulldozer originally cost $128,000. The accumulated depreciation on it was $61,500. The proceeds from the insurance company were $91,500. A company sold equipment for $42,000. Total accumulated depreci..
Write an essay on social media is a negative influence : Write an essay on Social media is a negative influence. Science is a threat to the human race. The United Nation sis no longer functioning effectively.
Exercise of judicial review to invalidate laws : The role of judicial philosophy (or ideology) in Supreme Court decision-making, especially in its exercise of judicial review to invalidate laws enacted by a democratically elected Congress or state legislature
Amount of gross profit does company report-income statement : The Intramural Sports Club reports sales revenue of $1,090,000. Inventory at both the beginning and end of the year totals $190,000. The inventory turnover ratio for the year is 4.9. What amount of gross profit does the company report in its income s..
Small non-profit community organization issues : Why is it important for Jamie Lynn to evaluate the results of her program? Who should conduct the evaluation?
Cost of goods manufactured : Lima, Inc. has $20,000 of ending finished goods inventory as of December 31, 2012. If beginning finished goods inventory was $10,000 and cost of goods sold was $40,000, how much would Sunny Daze report for cost of goods manufactured?
Growth by selling service contracts on large appliances : Central Appliance Service Co. Inc., has achieved fast growth by selling service contracts on large appliances, such as washers, dryers, and refrigerators. For a fee, the company agrees to provide all parts and labor on an appliance after the regular ..

Reviews

Write a Review

 

Other Subject Questions & Answers

  News coverage events by social audiences

Which audience characteristic did sociologist Darnell Hunt find to be most likely to affect the interpretations of news coverage events by social audiences?

  Clarified regarding personality

What questions do you or did you want to be answered or clarified regarding personality. Utilizing the txt and any other 3 articles (or bills) If you wanted to understand someone's personality and could ask the person only three questions what wou..

  Characteristic of mannerist style

Which of the following is not a characteristic of Mannerist style?

  What negative consequences can come from this kind of social

What negative consequences can come from this kind of socialization

  Distinguish islamic society with european society

Distinguish Islamic society with European society in Middle Ages 500-1500 AD. Explain the great Empires which arose in Europe, Asia, Africa.

  Emphasizing the importance of psychology profession

What is replication, and what role does it play in increasing the external validity or generalizability of a study? In what way is the IRB involved in using participants in a research study?

  Interpersonal communication concepts

Give a detailed account of an episode of everyday interaction you have experienced in your professional setting or at home, describing the verbal and nonverbal communication.

  Prison adaptions strategies of first-time

What is the description of the paper "Ambivalent Actions: Prison Adaptions Strategies of First-Time. Short-Term Inmates", written by Thomas J. Schmid and Richard S. Jones?

  Key sources of conflict in the organizational setting

When would you use the different intervention strategies? Why is it important to consider intervention strategies when planning a negotiation?

  Define the functions of the ptolemaic period

Horus stelae, with images of young Horus standing on crocodiles and grasping snakes and other dangerous animals in his grasp, became increasingly common in the Ptolemaic period. What was their function.

  Deception within the criminal justice system

Our text relates that there are occasional instances in which no clear line separates acceptable behavior from that which is unacceptable. Discuss briefly the ethical issues involved with the use of lying and deception to further the goals of the jus..

  The question what is life sounds like the premise of some

the question what is life? sounds like the premise of some bad late night soul-searching movie but it is the basis upon

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd