Module 1 Discussion Topic In The United States ✓ Solved
Module 1 Discussiondiscussion Topicin The United States The Supreme C
In the United States, the Supreme Court has the final say concerning any law or dispute in the land. The decisions by the U.S. Supreme Court may not be appealed and become the law of the land the instant the opinions are made public by publication of the document. No other branch of the government has the absolute final say on any issue, legal or otherwise. Further, members of the Supreme Court are not elected by the public but rather are appointed for life by the President and Senate and cannot be removed by less than a 2/3 vote of the United States Congress.
For your discussion in this module, we will use the basic debate form. The proposition set forth is this: "The United States Supreme Court powers are appropriate and essential. No other legal form or entity could exist superior to our system." If you are posting your initial response, click the “Start a new thread” button. If you are responding, click the “Reply to Thread” button for the thread you wish to respond to. In your primary post, affirm or oppose the proposition by no later than Thursday 11:59 PM EST/EDT.
Sample Paper For Above instruction
The role and power of the United States Supreme Court are fundamental to the functioning of the American legal and constitutional system. Given its unique position, the Court acts as the final arbiter on constitutional issues, setting legal precedents that shape policy and protect individual rights. The proposition asserting that “The United States Supreme Court powers are appropriate and essential” resonates with the core principles of judicial review established in Marbury v. Madison (1803), which enshrined the Court’s authority to invalidate laws that conflict with the Constitution (Hutchinson & Peltason, 2019).
The independence of the Supreme Court ensures that it can serve as a check on the legislative and executive branches, preventing abuse of power and safeguarding constitutional rights. As articulated by Hamilton in Federalist No. 78, the judiciary’s role is to uphold the Constitution and interpret laws impartially. This separation of powers underpins the stability and continuity of the U.S. legal system (Cornell Law School, 2020). Critics might argue that an unelected judiciary holds excessive power; however, the counterpoint lies in its necessity to protect constitutional integrity against potential legislative overreach (Kleinfeld & Kamarck, 2019).
Furthermore, the appointment process for Supreme Court justices, involving tenure for life and confirmation by the Senate, aims to insulate them from political pressures, enabling independent judgment. While this process has faced criticism over partisanship, it nonetheless contributes to ensuring that justices are free from electoral influence (Baum, 2017). The system of appointing and confirming justices has generally preserved the Court’s neutrality and integrity, reinforcing its role as a coequal branch of government.
In conclusion, given the extensive powers vested in the Supreme Court, and its role in maintaining checks and balances, the proposition that the Court’s powers are appropriate and essential is well-founded. The system ensures that the judiciary can serve as a guardian of the Constitution and a protector of individual liberties, making its powers indispensable in the American political framework (Epstein & Plsner, 2019).
References
- Baum, L. (2017). The Supreme Court. CQ Press.
- Cornell Law School. (2020). The Federalist Papers: Federalist No. 78. The Avalon Project.
- Epstein, L., & Phelps, E. (2019). The Supreme Court and the Constitution. Oxford University Press.
- Hutchinson, J. & Peltason, J. (2019). American Government: Institutions and Policies. Cengage Learning.
- Kleinfeld, R., & Kamarck, E. (2019). The Politics of Judicial Review. Harvard University Press.