Is the Federal Judiciary Too Powerful?

            Is the Federal Judiciary Too Powerful?
            
             The Founding Fathers of America created the democratic nation for people to elect representatives to make important decisions. In addition, they also created a judiciary system to "interpret and clarify" the law. During the early years, the court had little influence that the famous Supreme Court judge John Jay even refused his second term in the office. However, today's federal judiciary went beyond its role that it sometimes creates new policies and laws. Thus, it creates conflict in whether it should have that much power or not.
             According to the facts, the power of judicial review is to "examine the actions of executive or legislative branch that if their actions are constitutional." When it was established, the early framers recognized the necessity of judicial restraint and the dangers of judicial activism. Thomas Jefferson even warned people that allowing only the unelected judiciary to interpret the Constitution would lead to judicial supremacy. In deed, the power of unelected judges allowed them to determine over many different issues. Moreover, their decisions most of the times applied throughout the country.
             Furthermore, the power of judicial review extends to the lower federal courts. Many assume that the Supreme Court has the greatest judicial power, however, if Supreme Court does not overturn the decision made in the federal appellate courts the decision will become a law in that circuit. There are overall twelve court of appeals in America, and all these courts can possibly create new policies if Supreme Court doesn't overturn their decisions.
             Although many also argue that the courts "guard our constitutional rights and liberties," the courts still seize the democratic process in the nation by over-using their power. Since the judges are unelected, sometimes the decisions made by the courts come out from ideologies from judges. Ob...

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Is the Federal Judiciary Too Powerful?. (2000, January 01). In MegaEssays.com. Retrieved 22:33, May 10, 2024, from https://www.megaessays.com/viewpaper/25183.html