Saturday, December 16

Judicial Power….

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The Framers’ had never intended it, but it happened anyway. Even Hamilton’s Federalist #78 couldn’t have predicted it. It was the importance and the power that the judicial branch of the government would have acquired in 300 years of existence. Since then, the Supreme Court has answered tens of thousands of constitutional questions to which Americans have needed answers, and they have righteously grown to a very powerful position in American government. But this didn’t go nearly far enough. No, the judiciary is essential to American politics, and it doesn’t have enough power as is: We must expand judicial powers to preserve this nation.

            It began with Judicial Review, granted by Marbury v. Madison, and established a precedent that should have been guaranteed in the constitution, but wasn’t. Luckily, Marshall had the cunning and knowledge to establish this as the norm before things got out of hand. Without it, the judiciary more than likely would have remained a puppet for the president, a farcical imitation of a body with an opinion, or a powerless governmental beggar, to forever roam the streets claiming sanity having no ground on which to plant its feet. Surely either of these options would have meant doom for the United States of America… Why should their powers have stopped there?

            If the power to enforce decisions were given to the judiciary, whether the judge beconstructionist or activist, the country today would be a very different place. There would be no “in God we trust” on the currency, nor would there be an implied mandate on the personal income tax. The remedies that the judges apply to Class action suits and other landmark cases would no longer be ignorable, and the principles that the constitution has been interpreted to have would be the dominating force in public policy today.

            The judiciary is one of the most easy and accessible ways with which one can be involved in one’s government. If one cannot afford to file suit against another for monetary reasons, there are many ways around this, like Fee shifting andin forma pauperi. The judiciary is the only branch where the size of one’s pocketbook can essentially be excluded as a factor in determining a winner, and as such, is a grounds for a more fair decision. The judiciary should be expanded on this notion alone!

            Lastly, the United States Supreme Court is overworked, and either its membership should be expanded, or more supreme courts of the like should be created to share the workload so that more cases can be heard and be given a chance at true justice. Now exists a process of Standing, and Writs of Certiorari, and amicus curiae, but if the supreme court were a host of memberships, rather than merely the one, then the amount of emphasis placed on these things would be less, and the emphases could be re-placed where they need to be: on the case.

            It is clear that something must be done with today’s derailed society, and not many options are “stinging clear” as true solutions, but one thing is clear: we could all benefit from a little more judicial intervention in policy today. Too much malarkey and public opinion goes into the policy that exists today, and it leads us further and further down the path to a plummet off the face of the global market. I am going to have to say that we must Stare Decisis with Marshall’s opinion: expand the power of the judiciary.


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