Question

The lesson states that in 1832 in the case of Worcester v. Georgia, the Supreme Court ruled that the Cherokee had absolute rights over their tribal land and that no federal or state government had legal rights there, however; President Jackson refused to uphold Chief Justice John Marshall's ruling. Because the Supreme Court does not have any authority to enforce the rulings they pass it is possible for them to be disregarded, as was done by Andrew Jackson. Should the Supreme Court have any additional powers to allow them to enforce their rulings? If so, why, and what should the power be? If not, why not?

Your response should be 3-5 sentences long and show that you’ve thought about the topic/question at hand. Please be aware we are looking for YOUR PERSONAL OPINION and there is not a single “correct answer.”

Answer 1

Answer: This is a complex and controversial question that does not have a definitive answer. Some possible arguments for and against giving the Supreme Court additional powers to enforce their rulings are:

For: The Supreme Court is the ultimate interpreter of the Constitution and the guardian of the rule of law. If its rulings are ignored or defied by other branches of government, it undermines the authority and legitimacy of the Court and the Constitution. Giving the Supreme Court some enforcement power, such as imposing sanctions, withholding funds, or ordering executive action, would ensure that its decisions are respected and implemented. This would also enhance the accountability and transparency of the government and protect the rights and interests of the people.

Against: The Supreme Court is an unelected and unaccountable body that has no democratic mandate or popular support. Giving it additional powers to enforce its rulings would violate the principle of separation of powers and checks and balances that are essential for a constitutional democracy. The Supreme Court would become too powerful and dominant over the other branches of government, which could lead to judicial tyranny or activism. The Supreme Court should rely on its moral authority and persuasive reasoning to convince the other branches and the public to follow its rulings, rather than resorting to coercion or force.