Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations - Research Paper Example

? Running head: GOVERNMENT Government Introduction In being the highest federal court in the United s of America, the Supreme Court of the US performs a complex role to invalidate legislation and to supervise actions that are considered by it to be in conflict with the Constitution. This authority has provided the Supreme Court with a very important responsibility of ensuring citizen’s rights and to maintaining a live constitution whereby its provisions are used in resolving complex situations. In almost all cases heard by it, the Supreme Court exercises appellate jurisdiction that is provided for under Article III of the Constitution. This authority has permitted the Supreme Court to review in terms of affirming or overturning rulings of lower tribunals and courts. The power of judicial review was first exercised by the Supreme Court in the case titled Marbury v. Madison in 1803 and this power is granted vide Article III, sections 1 and 2 of the Constitution (Urofsky, 2001). Main Body The process by which the Supreme Court makes reviews of cases has changed considerably over time. Currently there are a number of ways in which cases are put up before the Supreme Court. A writ of certiorari petition can be made by parties to the case that has been ruled by a US court of appeals or by writ of certiorari in regard to decisions taken by any state court following rejection of all state appeals. The appeal must imply an issue of federal, statutory or constitutional law. The Supreme Court can also make review of cases by petition for certiorari prior to judgment so that cases can be expedited that are pending before the appellate courts. Cases can also be put up by appeal in the context of decisions of district courts in the US that relate to redistricting of state or Congressional legislative districts (Epstein, 1995). The Constitution empowers the Congress to create bills that can become law only after they are signed by the President. The President has veto powers granted by the Constitution empowering him to keep a check on the power used by the Congress. However, such veto can be overridden if Congress musters 2/3rd majority, which proves to be a check on the authority of the President. The Supreme makes an evaluation about the constitutional validity of the law when a person is impacted directly by such law in terms of personal damage (Stuntz, 1997). Mostly, the case has to go through a trial court and subsequent appeals in lower courts before being taken up by the Supreme Court. If the Supreme Court is unable to find a basis to nullify the law, the President has to take a decision. Laws are not made by the Supreme Court directly but its rulings shape the law (Cox, 1987). Legislative process involves the Congress whereby it passes bills that have to be approved by the President. If the President approves a bill, he signs it into becoming law. The judicial process involves the Supreme Court in terms of reviewing the law for its constitutional validity. If the law is found unconstitutional by the Supreme Court, it can nullify the same. The President is vested with the responsibility of enforcing Supreme Court decisions. Both the Congress and the President enjoy exclusive rights in creating new laws that are reviewed by the Supreme Court. The President can make recommendations about terms and items that are to be reviewed in this regard (Beard, 2007) The different branches of the government comprise of the Executive, Legislative and Judiciary. The Executive comprises of the President and the Vice President of the country and they are elected leaders in being the First and Second in command (Spaeth, 1979). The President has to ensure that laws passed by Congress are implemented and he/she has the power to veto and rule against laws that are passed by Congress, which he/she can do by refusing to sign the bill. The Legislative is also known as the Congress and comprises of the Senate and the House of Commons. The Congress has the power to declare war in demanding situations and to create laws for the nation. Members of the Judiciary are not elected officials but are appointed by the President and the Senate. It is required that all members of the Judiciary should have been judges, but the President, Vice President and members of the House and Senate are not required to have served as judges because they are appointed on the basis of their elected positions (Greenburg, 2007). The Exclusionary Rule is amongst the most contentious issues that have arisen relative to the working of the Supreme Court. The case titled Weeks v. U.S.  (1995) was dealt with by the Supreme Court by applying the Exclusionary Rule to the federal government. At this time the Exclusionary Rule was defined as “a principle of law that illegally gathered evidence may not be admitted in court” (Epstein and Walker, p. 871). It is worthwhile to understand the Exclusionary Rule as it is a comparatively new phenomenon and was created out of the Weeks v. U.S. (1995) case. Secondly, the Warren Court that was considered a liberal court had created the Exclusionary Rule after which the Rehnquist and Burger Courts modified the same. Thirdly, the Exclusionary Rule was considered amongst the few solutions to effectively implement the unjust search and seizure clauses of the Fourth Amendment (Samaha, 1995). After the Fourth Amendment and the Exclusionary Rule were made applicable to states, the Supreme Court started gradually ignoring both by referring more to the crime control model instead of the due process model. Although the Exclusionary Rule has been in force for about eighty years it has been made applicable to states for only about forty years (Hall, 1992). The development of the Exclusionary Rule can be traced back to the 1700s when the Fourth Amendment was created to mark dissent against the English writs of assistance. When the Exclusionary Rule was applied in the Weeks v. U.S. case it related only to federal judges and federal agents because the Court had not included evidence obtained through a search carried out without any warrant (Amar, 1998). Conclusion After the appointment of Chief Justice Warren, the Supreme garnered strength to make the Exclusionary Rule applicable to states. Basically, the Exclusionary Rule has its origin in the 4th Amendment and is aimed at protecting people from illegal search and seizure operations. It was also intended to provide remedies and disincentives that are no less than criminal prosecutions in terms of police illegalities in gathering evidence. The objective was to curb such violation of the 5th Amendment and Bill of Rights. The Ruling in the Weeks case was adopted by several states in acting against violations such as prohibition that was enacted by adopting the 18th Amendment and implemented through the Volstead Act. List of References Amar, Akhil, R. (1998).  Against Exclusion.  Harvard Journal of Law & Public Policy, Vol. 20, Issue 2. Beard, C. A. (2007). The Supreme Court and the Constitution. New York: Macmillan Company. Cox, A. (1987). The Role of the Supreme Court:  Judicial Activism or Self-Restraint,  Maryland Law Review, Vol. 48.  Epstein, Lee. (1995).  Constitutional Law for a Changing America, CQ Press. Greenburg, J. C. (2007). Supreme Conflict: The Inside Story of the Struggle for Control for the United States Supreme Court. New York: Penguin Press. Hall, Kermit L. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. Samaha, Joel. (1995).  Criminal Procedure, West Publishing Company. Spaeth, H. J. (1979). Supreme Court Policy Making: Explanation and Prediction, New York: W. H. Freeman and Co Ltd.  Stuntz, William, J. (1997). The Virtues and Vices of the Exclusionary Rule. Harvard Journal of Law and Public Policy, Vol. 20, Issue 3. Urofsky, Melvin. (2001). A March of Liberty: A Constitutional History of the United States, New York: Oxford University Press. Read More