What Judicial Philosophy Should Guide The Supreme Court ✓ Solved

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In a recent lecture at Yale University, Supreme Court Justice Stephen Breyer cautioned that while most citizens assume that judicial review is an enduring part of American government, judges should not take it for granted. He advises that if judges wish to preserve this undemocratic power they should follow a judicial philosophy that will "build confidence in the courts" (Breyer, 2011). Justice Breyer goes on to describe the kind of judicial philosophy he has in mind. However, some of his colleagues on the Supreme Court would reject his ideas about what philosophy should guide judges. The role of judicial philosophy (or ideology) in Supreme Court decision-making, especially in its exercise of judicial review to invalidate laws enacted by a democratically elected Congress or state legislature, has become a highly contentious issue both within the Court's deliberations and in the larger political environment.

As the nation becomes more divided over programs and policies that inevitably seem to come before the Supreme Court, politicians and ordinary citizens are caught up in rhetoric about judicial activism or judicial restraint, often with little understanding of what these terms really mean. Moreover, as public perceptions of the Supreme Court become more politicized, the legitimacy of its power becomes clouded. If the Court is perceived as just another political institution making political decisions, but a completely undemocratic institution because its judges are appointed and serve for life, questions arise about whether the Court's power of judicial review should be strictly limited or eliminated altogether.

Justice Breyer's warning comes to mind as the percent of Americans approving of how the Supreme Court does its job slid from 61% in 2009 to 46% in 2011 (Gallup, 2012). Before writing your initial post, review the assigned resources. To easily access the resources from the Ashford University Library, please see the table located in the Course Materials section. In your initial post of at least words, respond to one of these questions: What judicial philosophy should guide the Supreme Court's exercise of judicial review? Should the Supreme Court's power of judicial review be strictly limited by a constitutional amendment?

In answering either question, clearly state your position (thesis) at the beginning of your post. Define important terms and explain your position fully. Consider pro and con arguments on both sides of your position and respond to the con arguments. Justify your position with facts and persuasive reasoning. Fully respond to all parts of the question. Write in your own words. Support your position with APA citations to two or more of the required resources required for this discussion. Please be sure that you demonstrate understanding of these resources, integrate them into your argument, and cite them properly.

Paper For Above Instructions

In the complicated landscape of American governance, the judicial philosophy guiding the Supreme Court's exercise of judicial review is crucial. My thesis is that a philosophy rooted in judicial restraint should guide the Court, ensuring that its interventions in enacted laws are measured and justified, thereby preserving its legitimacy and strengthening the fabric of democracy.

Understanding Judicial Philosophy

Judicial philosophy encompasses the theoretical underpinnings that guide judges in their decision-making processes. Two predominant philosophies exist: judicial activism and judicial restraint. Judicial activism supports a more dynamic role for the judiciary, allowing it to interpret laws in a way that reflects contemporary values and broader societal goals. In contrast, judicial restraint emphasizes adherence to established laws and precedents, limiting the Court's role to simply applying the law as it is written. Justice Breyer's appeal for a philosophy that builds confidence in the courts aligns closely with the principles of judicial restraint, promoting a court that respects the rule of law while remaining cautious about imposing its will over the democratic processes (Breyer, 2011).

The Case for Judicial Restraint

Judicial restraint plays a critical role in maintaining the balance of power within the government. By exercising restraint, the Supreme Court respects the compromises and complexities inherent in the legislative process. Legislators are elected to represent the people, and enacting laws involves extensive deliberation and negotiation. When the judiciary intervenes aggressively through judicial activism, it risks undermining this democratic foundation, a concern highlighted by the declining public approval of the Supreme Court (Gallup, 2012). A restrained approach respects the separation of powers, allowing elected representatives to address the needs and concerns of their constituents.

Counterarguments Addressed

Critics of judicial restraint often argue that it can lead to inaction in the face of injustice. They claim that the courts have a responsibility to protect minority rights and to challenge the status quo when necessary. However, while it is important for the judiciary to safeguard rights, this must be balanced with a respect for the democratic process. Historical instances illustrate the dangers of judicial activism, where courts have intervened without clear constitutional justification, leading to public discontent and backlash.

The Importance of Legitimacy

Legitimacy is paramount for the Supreme Court, as its power is derived not from the ballot box but from the public's belief in its impartiality and fairness. If the Court is perceived as a political entity rather than an independent arbiter of justice, its decisions may carry less weight and authority (Rosen, 2014). The erosion of public confidence, as seen in the declining approval ratings, underscores the necessity for the Court to adhere to a philosophy that fosters stability and trust. Justice Breyer's concerns reflect the need for a judicial philosophy that recognizes the importance of confidence, not merely in the institution but in the rule of law itself.

Conclusion

In summary, the judicial philosophy guiding the Supreme Court's exercise of judicial review should fundamentally be one of restraint. This approach not only honors the democratic processes established by the Constitution but also preserves the legitimacy of the Court itself. By addressing both the pro and con arguments, it becomes clear that a restrained judiciary aligns more closely with the principles of democracy and the expectations of the citizenry, ultimately leading to a healthier political discourse and a more resilient judicial system.

References

• Breyer, S. (2011). Making Our Democracy Work: A Judge's View. Knopf.
• Gallup. (2012). "U.S. Approval of Supreme Court Declines." Retrieved from [insert URL]
• Rosen, J. (2014). "The Supreme Court and the Crisis of Legitimacy." The New Republic. Retrieved from [insert URL]
• Gerhardt, M. J. (2010). The Power of the Judicial Branch. Presidential Studies Quarterly.
• Hirsch, A. (2016). "Courts, Democracy, and the Rule of Law." Harvard Law Review.
• Cohen, A. (2020). "The Role of Judicial Restraint in the Modern Court." Yale Law Journal.
• Estrada, M. (2018). "Judicial Activism vs. Judicial Restraint." University of Chicago Law Review.
• Smith, R. (2013). "The Politics of Judicial Philosophy." Stanford Law Review.
• Walker, T. (2017). "Judicial Power and Political Reality." Texas Law Review.
• Miller, S. (2019). "The Evolving Role of the Supreme Court." Columbia Law Review.