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Judiciary - Essay Example

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Over the period of time American Judiciary is said to have transformed itself into foray of politics and has been on the path of what is called judicial activism. The original ideas defined in Federalist 78 clearly suggests that judiciary will be the weakest of the three…
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Over the period of time American Judiciary is said to have transformed itself into foray of politics and has been on the path of what is called judicial activism. The original ideas defined in Federalist 78 clearly suggests that judiciary will be the weakest of the three institutions and it will neither have will nor force but it will merely exercise its judgment. However, over the period of time, there has been deliberate and slow blurring of the boundaries of all the institutions of the State.
First and foremost one of the key and significant structural change has been the matters which are relatively undecided in the constitution. Due to relative lack of US Constitution to address certain issues, judiciary became important and was forced to intervene into the political matters.
The matter of appointment of judges and the way ideological familiarity was considered also allowed Supreme Court to change its overall role. The appointments specially made during the Reagan administration proved as controversial which allowed the ideological split within the court. What is however, critical to note that Rehnquist Court which was not as forceful in creating judicial activism. Justice Roberts too was a firm believer in the judicial modesty and it was during these periods that US went on to war without any significant resistance from Court. (Lasser, 2011)
Leaving political decisions to courts may force courts to actually overstate their constitutional mandate and become involved in issues which may not have any precedent or references to constitutional history of the country.
Lasser, W. (2011). Perspectives on American Politics. New York: Cengage Learning. Read More
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