Does The Supreme Court Abuse Its Power? Essay -- Politics Political Es

Does The Supreme address Abuse Its Power? There amaze been many complaints and theories of how the Supreme approach has a tendency to act as a supra-legislature (Woll 153). It is proposed that the Supreme Court takes the reason to make laws and set policies which really belongs to the Congress and state legislatures. They state that Justices exceed their authorized powers of judicial round offand read their own opinions and views into the composition and are in fact politicians in robes (Woll 533, Sheldon xi).Alexander Hamiltons definiton of the Supreme Courts power of judicial review was argued in Federalist zero(prenominal) 78. He states that the main purpose of this power is a go off ont he legislature where the Supreme Court is an excellent barrier to the encroachments and oppressions of therepresentative body ... to stop up a steady, upright, and impartial administration of the laws. He also gives the Supreme Court the power to rule on state laws by judging them against the Constitution But the act of an original and superior authority takes precedence everyplace that of a derivative and subordinate one, and so judges must bewilder to the Constitution before a statute (Wolfe 74-75). Hamilton sets the power definition of the Court with those lines.Many feel that the fears of the Court taking power from the legislative and administrator branches are unfounded on the basis that the Court is too wanton to do so. Hamilton argued that since that it was dependent upon the executive for the enforcement of its decisions and had to be wary of the legislative check of impeachment, there could not be any series of deliberate usurpations of power (Wolfe 76).They are also limited in that they cannot initiate l... ...McKenna, George and Stanley Feingold, eds. Taking Sides contact Views on Controversial Political Issues. Fifth Ed. Guilford, Connecticut Dushkin Publishing Group, Inc., 1987.Press, Aric and Ann McDaniel. Where Bork Stands. Newsweek 14 Sept. 1987 24-34.Sheldon, Charles H. The Supreme Court Politicians in Robes. London Glencoe Press, 1970.Taylor, Stuart, Jr. Borks Colleagues Like the Man, non His Thinking Yale Friends Look Back at Top Court Pick. gazette Telegraph Colorado Springs, CO 13 Sept. 1987 A7. Wolfe, Christopher. The Rise of Modern Judicial Review From essential Interpretation to Judge-Made Law. New York Basic Books, Inc., 1986.Woll, Peter. American Government Readings and Cases. Ninth Ed. capital of Massachusetts Little, Brown, and Co., 1987. Transcribed to HTML on 1997-09-29 by David Wallace Croft.