The Role of the Supreme Court in American Politics - Term Paper Example

The Role of the Supreme Court in American Politics: The Least Dangerous Branch by Richard Pacelle Introduction The Role of the Supreme Court in American Politics: The Least Dangerous Branch is a law and political science book written by Richard Pacelle. The book was published in 2002 by Westview Press in Connecticut. The author of the book is a lecturer in the department of political science in the Georgia Southern University. Richard Pacelle was born on the 12th of September, 1954 in New Haven, Connecticut. He bagged a Bachelor of Arts degree at the University of Connecticut in 1976 and his Master of Arts degree in 1979. Richard Pacelle proceeded to The Ohio State University, where he bagged a Ph.D. degree in 1985. Richard Pacelle distinguished himself in the area of politics and law and received several awards and accolades in the process. Some of the awards that Pacelle received are: the Golden Key Faculty Award in 2000, the Chancellor’s Award for Teaching Excellence in 2000, Governor’s Award for Teaching Excellence in 2000 and the Choice Outstanding Titles for the Role of the Supreme Court in American Politics in 2002. Richard Pacelle has also served in several capacities in the field of Political Sciences. He was a Teaching Assistant at the University of Connecticut from 1979 to 1979. He was also an Editorial Assistant for the American Journal of Political Science from 1980 to 1982. Pacelle was also an Assistant Professor at the Indiana University from 1985 to 1991. He was an Associate Professor, University of Missouri-St. Louis from 1997 to 2003. He is currently a Professor and Chair at the Georgia Southern University. Richard Pacelle has also taught several levels in the university system. At the undergraduate level, he has taught American Politics, Civil Liberties, Judicial Politics, Constitutional Law, Law and Society, Judicial Decision-Making, Federal Judicial System and Mock Constitutional Convention. At the Graduate level, he has taught Courts and Policy, Public Law and Administration, Proseminar in Public Law, Seminar in Law, Proseminar in American Politics, Policy Analysis and Intermediate Methods for Political Science. Apart from the The Role of the Supreme Court in American Politics: The Least Dangerous Branch, Pacelle has also published several books. Some of the other books in his archive are: The Transformation of the Supreme Court's Agenda: From the New Deal to the Reagan Administration and Between Law and Politics: The Solicitor General and the Structuring of Race, Gender, and Reproductive Rights. Summary of the book The book is a description of the role that the Supreme Court of the United States of America plays in institutionalizing policies in the country. Pacelle recognizes the Supreme Court as a branch of government that is not elected and he reminds readers that the Supreme Court makes decisions and implements these policies based on legal factors and personal belief (Pacelle, 2002). Pacelle also explains that there has been a heated debate on the appropriate role that the Supreme Court should play in influencing policies in the country. One of the lessons that was learnt was the evolution of the Supreme Court in the areas of policy making. Pacelle explains to readers that the Supreme Court actually attained this status as a major player in influencing policies and they now have power to make decisions based on the principle of judicial activism. Judicial activism works on the doctrine of effecting social change through judicial decree. Judicial activism is based on the principle of allowing the judicial branch to stray from or extend legal precedents in order to implement social and legal change. Pacelle explains that through judicial activism, the Supreme Court could serve as the only solution to long-standing disputes and judicial problems. Judicial activism would give the Supreme Courts the judicial liberation to carry out laws and influence policies made by the government and this would be appreciated, if they are done for the good of the people. Pacelle also opined that it is the legitimacy of the government that enables them to effect these social and legal changes in American Politics. Pacelle also explains that judicial review can either be an act of restraint or activism and this depends on the kind of actions taken by the Supreme Court. Judicial review gives the Supreme Court the power to “declare an act of Congress or of the president unconstitutional” (Pacelle, 2002, p.21). Readers are also made to know the intricacies involved in the policy making process. Pacelle explains that it begins with the review of cases on the docket by the Supreme Court. The Court actually accept some cases and reject some and this is actually the Court’s step towards institutionalizing policies in the country. The rejected cases are actually left to be deliberated by the lower courts. Pacelle also explains to readers that a case can only qualify for review if it meets certain criteria. These criteria are: mootness, ripeness and justiciability-standing (Pacelle, 2002). Pacelle also mentions courts that have made impact in the area of influencing policies in the country and some of them are: the Burger Courts and the Warren Courts (Pacelle, 2002). Pacelle also reminds people that there are critics that have spoken against the policy-making status of the Supreme Court. The argument put forward is based on the premise that the power of the court is not suitable for the democratic setting of America. This is actually true as the power violates majoritarian democracy as it is just a few people in the high ranks of the Supreme Court that would be making laws and institutionalizing policies. Pacelle also teaches readers of the four constraints that limit the role of court in institutionalizing policies. He mentioned jurisdiction, justiciability, and checks and balances as the four constraints that reduce or limit the role of the Court as a policy-making institution. In the conclusion of the book, Pacelle presented some recommendations for the appropriate role of the Supreme Court in American Politics. His recommendation was formed on the belief that the major drawback of the Court is in their inability to execute and enforce the policies they make. Pacelle also recognized the power of the Supreme Court when compared to the other courts and this is actually what has made it really difficult for the other branches of the government to attack them. Pacelle recommended that the Supreme Court should take back its position as the protector of civil rights, make good legislative judgments and should not be involved in economic issues. The level of satisfaction derived from reading the book, the information it provides and the suitability of the book to other students I am really glad I read the book as it has really expanded my horizon on the course. The relationship between law and politics, which was well established by the author, is something that I enjoyed when I read the book. Through reading the book, I now have a deep understanding of the Supreme Court. I now know how the Supreme Court tries to use their power to make policies and control the American political terrain. Before reading this book, I never knew that the Supreme Court wielded great power. I have now learnt the great influence that the Supreme Court has in institutionalizing policies in America. The fact that the author also mentions the steps the Supreme Court embark upon in institutionalizing policies is something I cherish in the book. The author did a great job in writing this book and it is worthy of commendation. I would actually recommend this book to someone else, especially people in the field of politics and law. The reason for my recommendation is due to the manner at which the author tries to establish the power of the Supreme Court and the challenges they face with regards to their status as a policy-making institution. The instructor should recommend this book for future assignment in future classes as it would be a great reference book in major assignments on the role of the court in politics and the power that is exercised by the biggest judicial branch in the country. Reference Pacelle, R. (2002). The Role of the Supreme Court in American Politics: The Least Dangerous Branch. Massachusetts: Westview Press. Read More