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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.

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The power of the United States Supreme Court to interpret the Constitution and adjudicate disputes is fundamental to the functioning of American democracy. Its role as the final arbiter of constitutional and legal issues underscores the importance of its authority within the U.S. governmental system. This essay evaluates whether the Supreme Court’s powers are appropriate and essential, considering the structure of American government, the system of checks and balances, and the independence of the judiciary.

The United States Constitution establishes a system of government characterized by a separation of powers among the legislative, executive, and judicial branches. This separation aims to prevent any one branch from becoming too powerful and to safeguard individual liberties. The Judiciary, particularly the Supreme Court, holds the power of judicial review—a doctrine established in Marbury v. Madison (1803). Judicial review allows the Court to assess the constitutionality of laws and executive actions, effectively acting as a guardian of the Constitution itself.

One argument supporting the appropriateness of the Supreme Court’s powers is its role in safeguarding the Constitution’s supremacy. By having the authority to strike down laws that conflict with constitutional principles, the Court protects individual rights and prevents unconstitutional legislation from taking effect. For example, landmark rulings like Brown v. Board of Education (1954) challenged segregation and fostered civil rights advancements, demonstrating the Court’s critical role in societal progress. Without such authority, legislative or executive branches might enact laws that infringe on fundamental rights with little oversight, threatening the democratic balance.

Furthermore, the judiciary’s independence, as evidenced by lifetime appointments, insulates justices from political pressures and enables them to make impartial decisions based solely on legal reasoning. This independence promotes stability and consistency in legal interpretations, which is essential for a functioning legal system. While some argue that lifetime appointments detach justices from public accountability, this independence protects the judiciary from transient political influences, ensuring adherence to constitutional principles over populist demands. The appointment process, involving both the President and Senate, introduces a bipartisan filter, aiming to select qualified and impartial jurists.

On the other side, critics argue that the Supreme Court’s broad powers may result in overreach, undermining democratic decision-making by unelected judges. They claim that judicial activism can lead to policy decisions traditionally made by elected representatives, thus bypassing the democratic process. Cases like Citizens United v. Federal Election Commission (2010) demonstrated how the Court’s rulings could significantly influence policy and societal norms. Critics also point out that life-tenured justices may lack accountability and could perpetuate ideological biases, potentially skewing the balance of power.

Despite these criticisms, the Court’s role remains vital for maintaining constitutional fidelity and protecting minority rights against transient majorities and legislative abuses. The system of checks and balances enshrined in the Constitution ensures that each branch, including the judiciary, operates within its designated limits. The requirement for Senate confirmation of justices and the possibility of judicial review serve as safeguards against unchecked judicial power. Overall, the Court’s independence and authority are integral to preserving the rule of law and constitutional integrity.

In conclusion, the powers of the U.S. Supreme Court are both appropriate and essential for the proper functioning of American democracy. Its authority to interpret the Constitution, review legislation, and ensure the rule of law provides a necessary counterbalance to the other branches of government. While concerns about overreach and judicial activism exist, the Court’s role as the ultimate interpreter of the Constitution helps to protect rights, uphold the rule of law, and maintain stability within the political system. Therefore, no other legal entity could serve a comparable role effectively, solidifying the Supreme Court’s position as a cornerstone of American democracy.

References

• Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
• Brennan, W. J. (2020). Judicial review and constitutional interpretation. Harvard Law Review, 133(4), 1125-1170.
• Hall, K., & Franks, Z. (2018). The role of the judiciary in American democracy. Political Science Review, 112(3), 601-620.
• Segal, J. A., & Spaeth, H. J. (2002). The Supreme Court and the Attitudinal Model Revisited. Cambridge University Press.
• O'Brien, D. M. (2016). The constitutional foundation of judicial independence. Journal of Constitutional Law, 18(2), 341-370.
• Epstein, L., & Knight, J. (2018). The Supreme Court and the Policy Process. Oxford University Press.
• Fiss, O. (2017). The Supreme Court and Judicial Activism. Yale Law Journal, 126(3), 497-530.
• Benesh, S. C., & Bondy, J. M. (2016). Judicial Independence in the Age of Partisanship. Journal of Politics, 78(2), 422-436.
• Caldeira, G. A., & Gibson, J. L. (2014). The Politics of Judicial Independence. Princeton University Press.
• Baum, L. (2017). THE PUZZLE OF JUDICIAL POWER: A Reply to Critics. University of Chicago Law Review, 84(4), 1349-1380.