Evaluate The View That The Supreme Court Has Too Much Power.(30)

Question 1

Para 1 - Judicial Activism
- For: The Supreme Court has too much power

Answer 1

• Decisions are based on judicial activism sometimes, form of judicial overreach, encroaching on the domains of the legislature and executive branches.
• Vagueness of the Constitution allows justices to inject personal or ideological biases into their rulings
• Dobbs v Jackson decision in 2022, overturned the nearly half - century precedent of Roe Vs Wade

Question 2

Para 1 - Judicial Activism - Against

Answer 2

• Judicial activism is necessary to adapt the Constitution ensuring relevance
  –(Example): Riley v California - The Supreme court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest in unconstitutional
  – This decision = judicial activism - extends fourth amendment protections to digital world, addressing the changes in how personal info is stored and accessed in the age of technology.

Question 3

Para 2 - Do 9 Justices have Supreme Power and Undermine Democracy?
- For: The Supreme Court has too much power

Answer 3

• 9 unelected individuals with immense power in shaping US policies - make decisions with lasting political consequences
• Justices are appointed for life and not accountable to voters, yet big authority
  –(Example): Dobbs v Jackson 2022, overturning Roe v Wade, drastically altered abortion rights, deeply consequential change affecting reporductive healthcare.

Question 4

Para 2 - Do 9 Justices have Supreme Power and Undermine Democracy?
- Against: The Supreme Court Doesn’t Have Too Much Power

Answer 4

• Judges are highly experiences and base their decisions in law and the constitution, independent of political influence.
• Judges are appointed for life , so they’re free from pressures of re-election or political retaliation, allowing them to make decisions based on legal principles - They uphold law
  – (Example): Dobbs decision, was based on the argument that the Constitution does not explicitly mention abortion and isn’t protected under a right to privacy in the 14th amendment, interpreting Roe v Wade, as overextension of constitutional reading instead of original textual understanding

Question 5

Para 3 - Are justices influenced by Political or Judicial Motivations
- For: The Supreme Court has Too Much Power

Answer 5

• Politically motivated decisions
  – (Example)) - The decision in 2023 to strike down Biden’s student loan forgiveness plan was seen by many as a reflection of the Court’s conservative majority, influenced by policy> pure legal interpretation, showcasing the Court’s power to shape national policy.
  – Amy Coney Barrett, was seen to solidify a conservative majority on the Court, chosen by Trump due to her conservative judicial potential to influence key decisions - They’re there for life - lack of democratic legitimacy

Question 6

Para 3 - Are Justices Influence By Political Or Judicial
Motivations
- Against: The Supreme Court doesn’t have too much power

Answer 6

• Upholds constitution and ensuring the rule of law, through judicial review
• The Court doesn’t initiate legal action or legislation, they’re limited to reviewing and interpreting existing laws.
  – (Example_ Biden’s student loan forgiveness plan was striked down based on the ruling on the Court’s interpretation for the HEROES Act. The Court determined that it allows Secretary of Education powers to waive or modify provisions for loan forgiveness, it doesn’t have the full authority to completely overhaul the student loan system as proposed by Biden
  – Thus fulfilling constitution duty to ensure the executive actions align with the law written.