Are the Courts Policymakers or Not - Essay Example

The court is the key custodian of the law, and it has the mandate to interpret the law and pass rulings that have direct or indirect effects on policies. Court of law particularly superior courts have the mandate to give directions on issues touching on policies and policy is only valid and operational if it is in line with the court’s directive. To demonstrate the validity of the above argument, the paper will briefly explore the United States Supreme Court and how its rulings have shaped American policies.

According to Boundless.com (2013), “the Supreme Court holds the power to overturn laws and executive actions they deem unlawful or unconstitutional.” This means that the court has the power to nullify a policy if it is found to be unconstitutional. Let’s examine two cases from the US Supreme Court, these cases have been chosen since they originated from the highest court in the land and they touch on the highest office; the presidency. The case of Humphrey’s Executor Vs the United States was decided that the president does not have the power to remove a member of an independent federal regulatory agency without the consent of Congress (Mauro, 2012).

Another case is that of Nixon Vs United States in 1974 addressing the executive privilege; the Supreme Court declared that no president is above the law (Phschool.com). From these two cases, it can be safely argued that courts are policymakers as they establish checks and balances to the institution of the presidency and this forms part of policy pertaining to this office. Even as the court exercises its constitutional mandate, it is critical that judicial restraint is used as opposed to judicial activism.

This is because the former emphasizes the limited nature of the court’s power to honor only the past precedents while the later advocates for the use of personal views in deciding cases (Slimef 2010). Personal views are known for biases and prejudice and should not be used in deciding cases of national importance. A policy can only stand if it is supported by the law and courts are the custodians of the law hence it is safe to argue that courts are policymakers as has been elaborated in the discussions.