Question

The United States Constitution establishes separate branches of the federal government, each with its own structure and functions. Over time, the judicial branch has had a significant impact on U.S. society through decisions either upholding or striking down controversial legislation.

Develop an argument that explains whether the power exercised by the U.S. Supreme Court has hindered or benefited the national policy making process. In your essay, you must:


Articulate a defensible claim or thesis that responds to the prompt and establishes a line of reasoning
Support your claim or thesis with at least TWO pieces of accurate and relevant information:
At least ONE piece of evidence must be from the U.S. Constitution (including amendments)
At least ONE piece of evidence must be from Federalist No. 78
Use reasoning to explain why your evidence supports your claim/thesis
Respond to an opposing or alternative perspective using refutation, concession, or rebuttal

Answer 1

Answer: The power exercised by the U.S. Supreme Court has both hindered and benefited the national policy-making process.

On one hand, the Court's power to declare federal and state laws unconstitutional has hindered the policy-making process by potentially blocking the implementation of democratically-enacted legislation. This power, known as judicial review, was established in the U.S. Constitution through Article III and the Marbury v. Madison decision. The Court's ability to nullify laws can create uncertainty and delays in the policy-making process, as legislators must consider the potential for judicial intervention.

However, the Court's power to declare laws unconstitutional has also benefited the national policy-making process by serving as a check on the other branches of government. The Court's role in judicial review helps ensure that laws align with the Constitution and the principles it embodies, such as individual rights and the separation of powers. This helps preserve the rule of law and prevents the abuse of power by the legislative or executive branches.

Additionally, Federalist No. 78, written by Alexander Hamilton, describes the judicial branch as the "least dangerous" branch of government because it lacks the ability to directly influence policy through the use of force. Instead, the Court must rely on its persuasive power and the respect of the other branches and the public. This limited power can serve as a stabilizing force in the policy-making process, as the Court cannot easily impose its will on the other branches or the nation as a whole.

While it is true that the Court's power to declare laws unconstitutional can disrupt the policy-making process, this power is ultimately necessary to protect the Constitution and the principles it represents. Without the Court's ability to serve as a check on the other branches, the policy-making process could be vulnerable to the abuse of power and a deviation from the rule of law.

Step-by-step explanation: