These days, there are many debates among famous and skilled political analysts about the power and role of the Supreme Court in the US government in addition to its possible overextension. If you’re interested in this subject, you should pay attention to one claim that states that an unelected group of judges may overextend their power to the point where they start acting like another legislature, which is full of the elicit displays of partisanship.
It’s true that this statement may lack merits in terms of analyzing the main aspects of the US Supreme Court, such as its basic purpose and foundations, executions, natures of its composition, constraints, and so on. Another step that should be taken is looking at its different aspects. This is when you will realize that some of them are quite controversial. For example, it concerns the abuse of power, ideas that this court is weakened by the shared power, its rulings can be restrained by judicial reviews, and many others.
When it comes to the foundation of the Supreme Court, remember that it was laid by Alexander Hamilton who stated that it’s a perfect and effective barrier to the oppressions and encroachments of the representative body and its basic purpose is to secure the upright, steady, and impartial administration of existing laws and legal rules.
Another important thing that you should understand is that the Supreme Court of the US was founded to rule and interpret the constitution. It can set legal precedents, but it has no power to make laws, unlike Congress and presidents. This means that its basic purpose is to not to be a tyrannical power, absolute authority, or create laws for the nation, and this idea is contrary to the statement made by Alexander Hamilton.
In addition, the independent of all judges plays an important role in guarding people’s rights and the constitution. If the Supreme Court lacks this kind of power, it won’t have any solid foundation and people can’t accuse it of abusing this power. It’s obvious that rules according to the constitutionality of past decisions and certain questions when it comes to interpreting laws. Don’t forget that its structure has an impact on its power. Take into account the fact that the Supreme Court doesn’t issue any laws so that it’s definitely limited from being too powerful or influential. There are some other factors that prohibit it from being too strong.
These days, there are many debates among famous and skilled political analysts about the power and role of the Supreme Court in the US government in addition to its possible overextension.