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

Does The overbearing hook Abuse Its Power? There start out been many complaints and theories of how the Supreme Court has a tendency to act as a supra-legislature (Woll 153). It is proposed that the Supreme Court takes thepower to make laws and set policies which rightfully belongs to the coitus and evidence legislatures. They state that Justices exceed their authorized powers of judicial reviewand read their own opinions and views into the Constitution 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 No. 78. He states that the main purpose of this power is a balk ont he legislature where the Supreme Court is an excellent barrier to the encroachments and oppressions of therepresentative body ... to secure 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 over that of a derivative and subordinate one, and so settle must adhere 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 executive branches are unfounded on the basis that the Court is too weak 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 Clashing 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 2 4-34.Sheldon, Charles H. The Supreme Court Politicians in Robes. London Glencoe Press, 1970.Taylor, Stuart, Jr. Borks Colleagues Like the Man, Not His Thinking Yale Friends ascertain Back at Top Court Pick. Gazette Telegraph Colorado Springs, CO 13 Sept. 1987 A7. Wolfe, Christopher. The Rise of Modern Judicial Review From Constitutional Interpretation to Judge-Made Law. New York raw material Books, Inc., 1986.Woll, Peter. American Government Readings and Cases. Ninth Ed. Boston Little, Brown, and Co., 1987. Transcribed to HTML on 1997-09-29 by David Wallace Croft.