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Government Discussion Question ( Essay)
Pages 2 (502 words)
Every public policy and political issue in America can be a subject of judicial review and any legislation or act by any branch of the government if perceived by the Court to be in breach of the provisions of the Constitution can be annulled by it. The way the American judiciary is empowered to delve into the country's polity raises the question if this can have a harmonizing relation with the country's commitment to democracy and such judicial review reinforces democracy given its limitations in policymaking.
His observation was on the basis that the judiciary has "no influence over either the sword or the purse" meaning the Court could not influence either the legislative or the executive. Agreeing with Hamilton's views on the power of the Court, O'Brien in his analysis of the role of the Supreme Court in American democracy acknowledges limitations of the Court in the matter of policy making and bringing social change having by itself "no chance to resolve great issues of public policy". However, he contradicts Hamilton's contention that the Court is "least dangerous" and contends that it is no longer so. The Supreme Court, according to O'Brien, by getting increasingly activist has become a "storm center" of national politics.
Hamilton's vision of a completely independent Court has not materialized and instead the judiciary has found itself acting under external pressures from the executive, legislature and the public opinion. Devoid of the power of "the sword or the purse", the Court depends for the impact of its rulings and their influences on the policymaking on the political institutions of the country and the public opinion. ...
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