Evaluate the extent to which the Supreme Court is now an ‘imperial
judiciary’
You must consider this view and the alternative to this view in a balanced
way.
(30 marks)
Article Three of the Constitution establishes the Supreme Court as the judicial branch of the
US government alongside the lower state courts. In its creation, the founding fathers
intended the court to act independently as a guardian to the constitution, free of political
interference reinforcing the principle of a ‘separation of powers’ between the executive,
legislative and judicial branches. Hence, the court was given exclusive powers such as
judicial review, the ability to declare actions unconstitutional and ultimately act as a
significant check on the other branches of government. In response to the increased
involvement of the court in recent years in overviewing controversial cases such as Roe v
Wade and the 2010 Shelby Case, many would suggest that the role of the Supreme court is
becoming more prominent in legislative issues and more imperial by possibly overstepping
into the realms of Congress. To support this line of argument, it could be said that the nature
of the court becoming more politicised adds to the idea of an imperial judiciary which can be
influenced in order to reflect the views of a particular group, completely defying the visions of
the Founding Fathers. However, to oppose this viewpoint it could be recognised that there
are a number of limitations on the Supreme Court and its powers which prevent it becoming
overly politicised and maintain the independence of the judiciary. These include the security
of tenure, the inability for the court to initiate legislation and Congress who can impeach
justices if necessary. Therefore, on balance I would agree that the Supreme Court has
emerged as an increasingly more significant branch of government in recent years however
its ability to be truly imperial as a judicial branch is limited.
Judicial review, which was truly established in the Marbury v Madison case, is arguably one
of the most significant powers of the Supreme Court. Essentially, it gives the exclusive role
of interpreting the constitution to the justices and the justices only. This is highly significant
as it underpins the function of the court to interpret and enforce the words of the constitution
on both public/ domestic policy and actions of individuals within the federal government and
state governments. A topical event which demonstrates the significance of this function
would be the ruling of Roe v Wade, which is yet to be determined, but stands as a
controversial issue due to the politically polarised nature of the US population, particularly
amongst the more conservative ‘bible belt’ states who oppose abortion for religious reasons.
With the current ideological balance of the court appearing more conservative than liberal,
and despite Trump’s appointment of Barrett as a female justice, it could be said that the case
may be overturned due to the growing conservative balance of the court. For many
Americans, particularly women, this would have a huge impact on their constitutional rights
highlighting the influence that judicial review and supreme court rulings has on all areas of
public policy.
judiciary’
You must consider this view and the alternative to this view in a balanced
way.
(30 marks)
Article Three of the Constitution establishes the Supreme Court as the judicial branch of the
US government alongside the lower state courts. In its creation, the founding fathers
intended the court to act independently as a guardian to the constitution, free of political
interference reinforcing the principle of a ‘separation of powers’ between the executive,
legislative and judicial branches. Hence, the court was given exclusive powers such as
judicial review, the ability to declare actions unconstitutional and ultimately act as a
significant check on the other branches of government. In response to the increased
involvement of the court in recent years in overviewing controversial cases such as Roe v
Wade and the 2010 Shelby Case, many would suggest that the role of the Supreme court is
becoming more prominent in legislative issues and more imperial by possibly overstepping
into the realms of Congress. To support this line of argument, it could be said that the nature
of the court becoming more politicised adds to the idea of an imperial judiciary which can be
influenced in order to reflect the views of a particular group, completely defying the visions of
the Founding Fathers. However, to oppose this viewpoint it could be recognised that there
are a number of limitations on the Supreme Court and its powers which prevent it becoming
overly politicised and maintain the independence of the judiciary. These include the security
of tenure, the inability for the court to initiate legislation and Congress who can impeach
justices if necessary. Therefore, on balance I would agree that the Supreme Court has
emerged as an increasingly more significant branch of government in recent years however
its ability to be truly imperial as a judicial branch is limited.
Judicial review, which was truly established in the Marbury v Madison case, is arguably one
of the most significant powers of the Supreme Court. Essentially, it gives the exclusive role
of interpreting the constitution to the justices and the justices only. This is highly significant
as it underpins the function of the court to interpret and enforce the words of the constitution
on both public/ domestic policy and actions of individuals within the federal government and
state governments. A topical event which demonstrates the significance of this function
would be the ruling of Roe v Wade, which is yet to be determined, but stands as a
controversial issue due to the politically polarised nature of the US population, particularly
amongst the more conservative ‘bible belt’ states who oppose abortion for religious reasons.
With the current ideological balance of the court appearing more conservative than liberal,
and despite Trump’s appointment of Barrett as a female justice, it could be said that the case
may be overturned due to the growing conservative balance of the court. For many
Americans, particularly women, this would have a huge impact on their constitutional rights
highlighting the influence that judicial review and supreme court rulings has on all areas of
public policy.
