Does the judicial branch exceed its Constitutional powers?

Question

In examining the modern day judicial structure, does the judicial branch exceed its constitutional powers? Is it more powerful than the framer's inteded, or would they be satisfied with its application?

I have about 800 words for my essay and I need 1000 does anyone have a website I can see or maybe some insight on stuff they know?

Answer 1

All on the judicial branch for you-

http://www.beyondbooks.com/gov91/9.asp

Answer 2

In a true democratic country, the judicial branch can never exceed its Constitutional powers, not even if it wants to. It all depends on the head of the state and the true power.. the people.

Answer 3

From the majority and dissenting opinions in 1966, Harper v. Virginia Board of Elections.

Justice Douglas for the Court:
"[T]he Equal Protection Clause is not shackled to the political theory of a particular era. In determining which lines are unconstitutionally discriminatory, we have never been confined to historic notions of equality. Notions of what constitutes equal treatment, for purposes of the Equal Protection Clause, DO change."

Justice Black, dissenting:
"The Court's justification for consulting its own notions, instead of following the original meaning of the Constitution, as I would, is apparently based on a belief of a majority of the Court that for the Court to be bound by the original meaning is a debilitating and intolerable evil; that our Constitution must not be 'shackled to the political theory of a particular era;' and in order to save the country from the original Constitution the Court must have constant power to renew the Constitution and keep it abreast of this Court's more enlightening theories of what is best for our society. It seems to me this is an attack not only on the great value of the Constitution itself but also on the concept of a written Constitution, which is to survive through the years as originally written unless changed through the amendment process, as our Founders wisely provided. Moreover, when a political theory embodied in our Constitution becomes outdated, it seems to me that a majority of the nine members of this Court are not only without constitutional power but are far less qualified to announce new political theories than are the people of this country, proceeding through the system provided by Article V."

(I recited all this by memory, so I might not have all of the words verbatim.)

Answer 4

The most egregious example of judicial excess was interrupting the Florida vote count in the 2004 election & declaring a winner. The votes were still being recounted, according to Fla. state law It is a state & county function.

The blatant abuse of power was breathtaking.

The framers would have been turning over in their graves.

Answer 5

My answer is that it often does. It assumes a law creating function on social issues that I cannot find in the Constitution and, so, upsets the balance of governmental powers originally provided. I have no website to offer you.

Answer 6

You asked for a website about the government. Here is what the government has been planning for Americans!...
http://www.global-conspiracies.com/fema_concentration_camps.htm

Answer 7

Why don't you grab a copy of the constitution and analize a lil yourself?

Answer 8

The 9Th circuit court seems to !