Reference no: EM132630031
Discussion: Your initial discussion thread is due and you have to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses.
The Supreme Court and Judicial Review
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 200-250 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.
Respond to at least two of your classmates' initial posts. Your peer responses each must be at least 75 words. They must demonstrate critical thinking (e.g., ask a relevant question about your peer's post while explaining why your question is significant, or state a perspective that contrasts with your peer's while explaining or justifying your position).
What is the role of compensation committee
: What is the role of compensation committee, compensation consultants and 'say on pay' in determining compensation plans
|
How to correct this error in trial balance
: A purchase invoice for £3,300 has been entered twice in the purchases journal in December 2018, How to correct this error in trial balance
|
MBA403 Financial and Economic Interpretation
: MBA403 Financial and Economic Interpretation and Communication Assignment Help and Solution, Kaplan Business School - Assessment Writing Service
|
What you learned relative to ethics and financial reporting
: Consider what you have learned relative to ethics and financial reporting. How do you think the misstatement of funds will impact the income statement
|
Discuss the supreme court and judicial review
: 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.
|
Define terms utility-diminishing marginal utility
: Define the terms utility and the principle of diminishing marginal utility as used by economists.
|
What safeguards would you recommend to Katy
: What safeguards would you recommend to Katy and/or PwC to maintain integrity, professional skepticism, objectivity, and independence throughout this audit
|
Evaluate the accuracy of the iron triangle model
: In your initial post of at least 200-250 words, briefly explain the iron triangle model of policy-making involving Congress, the bureaucracy, and interest.
|
Has Jake any remedy or remedies available
: Jake owns a print and copy shop just beside a university. Has Jake any remedy or remedies available to him against Devices n More under Sale of Goods Act
|