Analyse, evaluate and compare the different arguments in the extracts by Jamelle Bouie and Conor Friedersdorf regarding the significance of judicial review in the USA.
by
theboredominflictorshameonmegm (student)
Analyse, evaluate and compare the different arguments in the extracts regarding the significance of judicial review in the USA.
Judicial review can be defined as the ability of the Supreme Court to declare legislation and executive acts as unconstitutional, using their power that was established in the 1803 case Marbury v. Madison. It is therefore a very powerful check on the two other branches of government in the US, and is the means by which American’s civil rights and liberties are protected from infringement. However, in recent years this has become more controversial as many people, including Pete Buttigeg, say that it should be reformed as it is becoming a politicised institution when it is supposed to be separate from the partisan politics of the government.
The main point made in the first extract is that the power of judicial review encourages judicial governance and threatens to undermine democracy in the US. There is no separating the Supreme Court from activist judges and partisan politics without ending judicial review. The Supreme Court is an inherently political institution that deals with political cases - it cannot be separated from it. The very nature of justices being nominated by presidents encourages partisanship, as Democrat presidents are more likely to nominate liberal justices and Republican presidents more likely to nominate conservative. This was demonstrated by Trump’s appointment of two conservative justices, namely Amy Coney-Barrett. In 2016, he claimed that Roe v. Wade would be overturned “automatically” if he became president as he would only appoint pro life people to achieve a conservative majority on the bench. Indeed, Roe v. Wade was later overturned in 2022 due to the majority of justices appointed by Republican presidents. This shows that presidents have a political agenda when choosing their appointee in order to influence rulings, rather than choosing them based on their legal experience, professionalism and integrity. Therefore as the extract says, the power of judicial review is incredibly significant in a negative way as the Supreme Court cannot be separated from the party politics of Congress.
