Question

survey of american goverment and politics

All three branches of the American Federal Government engage in protecting the Rule of Law. The job of the Judicial Branch, particularly the Supreme Court, and the extent of its powers have evolved since 1791 in response to historical conditions. Discuss two ways that the reach of the Supreme Court has expanded over time, indicating whether the change was controversial or not and what the long-term consequences for the American Government has been as a result. Answer in 2-3 paragraphs. Be sure to include specific details (names, dates, events, locations, religions, etc.) from

Answer 1

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The judicial review power has been greatly expanded by the Supreme Court. In Martin v. Hunter's Lessee, 14 U.S. 304 (1816), the Court ruled that if it exists under statutory or constitutional law, it may examine the civil cases of the state court. This decided the same for criminal cases in the state court a few years later. Cohens v. Virginia, United States 19, 264 (1821). The Supreme Court expanded judicial review in 1958 to indicate that the Supreme Court is able to circumvent any state action, administrative, judicial or legislative, if it found it unconstitutional. Aaron's Cooper, 358 U.S. 1 (1958). There is no serious opposition today to the idea that all judges, not just the Supreme Court (and indeed not just federal courts) are allowed to revoke laws or executive actions that are incompatible with the constitution of the national or local government.

The National Independent Business Federation v. Sebelius (2012) (the "Obamacare" decision) is considered to implement most of the Patient Protection and Affordable Care Act. It also removed an aspect of that statute, though, which sought to withdraw Medicaid funds from states that did not comply with the legislation, on the basis that it was an illegal violation of state sovereignty. Although some of these judgments appear contentious, without judicial review, none of these decisions would have been necessary. The Court used its judicial review authority in every case (and many others) to rule that a federal or state government act is null and void because it violated a constitutional provision. It is this authority which truly makes the courts a co-equal branch of government with the divisions of executive and legislative branches and allows them to protect people's rights from possible intrusions by those branches.

Cases / Examples or scenarios of such expansion of judicial systems:

In Buckley v. Valeo, 424 U.S. 1 (1976), the Supreme Court for First Amendment purposes placed spending limits on individuals or groups that wanted to use their own money to promote a political candidate or cause (although it maintained constraints to how much could be specifically donated to a campaign).

In Regents of the University of California v. Bakke, 438 U.S. 265 (1978), the Supreme Court infringed on the equal protection clause some forms of race-based discrimination in state college admissions.

In Lawrence v. Texas, 539 U.S. 558 (2003), the Supreme Court established sodomy laws in fourteen states, legalizing same-sex sexual activity in every U.S. state.

The Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), created a federal election statute that limited business and other group expenditure on campaign ads.