Judicial review 2
Running heading: Judicial review
7th November, 2010
The powers that are the Supreme Court
The Supreme Court is the highest court in the land as per the framework of the judicial system and as per its enshrinement in the American constitution. The Supreme Court has jurisdiction over all the states of the United States. This makes the applications of the laws of the federation to mainly rotate around this court. However there has been rising division on the role of the court on the interpretation of the constitution. This has led to antagonizing duals, those that believe in the interpretation of the constitution and those that believe the courts should leave the constitution to be read and understood literally. This has mainly been pegged on the modern day issues that are majorly, the internet, abortion rights and terrorism (Finkelman, 2009).
The Supreme Court of the United States of America
While the framers of the Constitution expected the Supreme Court to assume the role of the constitutionality of Congress laws, but the courts did not fully assign this function to the court. This has made the Congress to assume a lot of powers as to interpretation of what is wrong or right. The congress does a lot of policy work that concerns abortion and the congress men determine if abortion is to be legalized or not. The Supreme Court has vague provisions on the stand of the US on abortion. This has been a major citing ground for the proponents of the interpretation of the constitution (Hamilton, 2008).
Terrorism has been an issue that has really dominated the controversy that is the prerogative of the Supreme Court. Lately the executive seems to be, together with the congress usurping so much power as to dealing with this vice. The handling of the Iraqi and Afghanistan war is a case in appoint that the Supreme Court has been sidestepped. This sidestepping can be attributed to lack of trust to the courts as concerns matters of national security (Hamilton, 2008).
The internet, abortion rights and terrorism should be handled by the Supreme Court in bid to avoid partisan political interest, may it be Republican or Democrat. The handling of such issues by the Supreme Court will ensure uniformity of applications of laws concerning them in all the states. This will facilitate comprehensive handling of such issues as they make up the core tenets of the American society (United States Supreme Court, 2009).
Considering all this facts, I do believe that the Supreme courts should be allowed to carry out the interpretations. This is due to the need for harmonizing of the applications of the laws to the various states that have a lot of differences (Finkelman, 2009).
Finkelman, P. (2009). Southern Slaves in Free State Courts: The Pamphlet Literature
Slavery, race, and the American legal system, 1700-1872. New York: The Law book Ex.
Hamilton (2008). The Federalist: A Commentary on the Constitution of the United States. New
York: BiblioBazaar, LLC.
United States Supreme Court (2009). United States Reports (152). Cases Adjudged in the
Supreme Court . New York: General Books LLC
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