How the Supreme Court has come to play a policymaking role.
The separation of power and Article II of the U S Constitution are the roots of judicial review. It’s the power of the Supreme Court, to say if a legislative or executive act is in violation of the U S Constitution. It also will step in to help ensure states dispute are settled.
Judicial review is often challenged because it’s not in the Constitution. “Some constitutional historians have argued that the central question concerning the courts in the early Republic was not whether they possessed the power of judicial review, which was taken as a given component of judicial power, but how to protect them from political pressure (PG 2.2, Ivers G., 2013) I think what many people in the young country were worried about was undue influence by those in power. The three distinct branches of government help to prevent this and judicial review plays a major role ensuring that separation.
I don’t think they framers of the Constitution intended for the judiciary to have a role in the policy making process. The three parts government system works together to ensure that no one branch had all the power. While I can’t say what the farmers of the Constitution were trying to prevent they made sure that no one part of the government went unchecked. The Supreme Court, uses Judicial Review, in ways that can have an unintended influence on political races which in turn can play a role in policy making. ” The court ruled in Buckley that an individual can spend an unlimited amount of his own money to promote himself for election. Allowing a candidate to say whatever he might choose to say is not enough freedom of speech, the court ruled, if he or she cannot spend an unlimited amount to broadcast his message” (Black E. Par 19, 2012). While that ruling does not change the way people vote the fact that one person may be able to broadcast his message may. When we as voters see something that appeals to us it changes the way we think and feel about something and the way we vote.
Ivers, G. (2013). Constitutional law: An introduction [Electronic version]. Retrieved from https://content.ashford.edu/
Black E. Par 19, 2012 How the Supreme Court has come to play a policymaking role. https://www.minnpost.com/eric-black-ink/2012/11/how-supreme-court-has-come-play-policymaking-role