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Questions on Politics and Administration 1. Judicial review in the US. How does judicial review of federalism v. separation of powers issues differ? What does the future hold in terms of judicial review? Judicial review in the US has been viewed as an essential component of the constitution…
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Download file to see previous pages It has however been showcasing itself as one that checks over separation of powers. An issue that seemed to bring some controversy to this issue was the court’s rejection of Bush’s administration to detail prisoners of war. This led to the argument that the court would have been arguing in such a case due to lack of competency in the issues apprehended. According to Harriger (2011) and the concept of separation of powers, the court has acted in a manner to indicate that it is really enforcing for the power separation. Looking at these trends, in accordance to Harriger (2011), this separation of powers and the push by the Supreme Court trends to some judicial activism in the cases of power separation. He as well contended to the fact that he court seemed more oriented towards separation of powers than judicial supremacy. There is a bit of ignorance on the fact that judicial supremacy and defending its supremacy would be a better explanation of the activism of the court Harriger (2011). According to this author, the power war is between the congress and the federal government as well as the state governments. Harriger (2011) terms the behaviour of the courts in this case as a model of judicial activism in the sense that they do so against some constitutional values. Separation of powers is then argued to be more centralised towards public affairs in the recent past than it was thirty years ago. The issue of federalism and separation of powers comes in if the party controlling the houses differ from the President’s party. Divided governments have historically been used to show the various historical attributes that determine the struggle between the executive branches of the government. In the argument of the federalism about this struggle, there is an argument that all the government arms should be in such a manner that they can defend their own rights against invasion from the other arms. In this regard, they argue of the issues within the constitution that should better be served politically than in the courts Harriger (2011). Arguing on a federalist view, the constructions found in the constitution are not permanent and can be constitutionally solved. Looking at these arguments, it is evident that issues of separation of powers are directly connected to political battles in various arenas. Such issues are what led to the executive power showcased Bush as the Congress backed him up for the war on terror, considering that the houses were both controlled by republicans Harriger (2011). 2. Presidential powers According to Neustadt (1960) presidential powers are about the influence of the president to the country. The current American Presidency is a vital organ in the country’s progress and elections are taken very seriously. The current modern US President faces aid and service demands from quite some sources; the executive, congress, partisans, citizens and other countries. All these five organs are distinguished by what hey require of the president making this a role of the president Neustadt (1960). The obligations of the president are cut out for him alone. The President has such an importance status in the government such that there is always being demanded of his services. In his article, Neustadt (1960) states that these powers are in most cases behind the knowledge of the common man and thus will always remain at the mercy of the President. If compared to historical Presidents, the modern Presidency cannot much as the erstwhile ...Download file to see next pagesRead More
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