The Courts are definitely empowered in their policy making functions. As it says in Dynamics, the COnstitution was vague on the powers and limitations of the Courts. Therefore, the courts had the power to establish their two most important rules. The first was that the Federal Courts had the power to overrule the rulings of the State Courts. The other was that the Federal COurts also had the power to overrule the decisions of both the legislative and executive branches of government. This basically gives the federal courts power over all the different branches of government. So even though the Legislative branch by definition makes the laws and policies, the Courts can make their own laws and policies by overruling those made by Congress.
2006-11-18 04:02:53 · 8 answers · asked by Daniel C 1 in Politics & Government ➔ Elections
The Supreme Court interprets the constitution and legislation. The basic principle is that the Supreme Court tries to get to the intent of legislation, and determines if the intent conflicts with the intent of the Constitution.
In general, all lower courts do the same thing; they try to determine an appropriate judgement by using the intent of law makers and the prior decisions of the Supreme Court.
The other branches of government cannot directly interfere with the workings of the court. However, when something has been left vague in previous law and has been interpretted by the courts, the legislature can go back and amend or make new law to make their intent clearer. Often the courts will include advice in their judgement to the legislature to do just that; they'll send an issue back to them to clarify.
2006-11-18 04:09:52 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, when the court makes a decision, it makes a decision. Their rulings can't be overturned by the other branches.
It was made that way for a reason, along with why members of the Supreme Court serve life terms. It's so the Court can make their own decision without being afraid that they'll get booted out if they offend the other branches.
2006-11-18 04:04:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Supreme Court decisions, right or wrong, are difficult to overturn. Just look at the Dred Scott case to see how bad a decision the United States Supreme Court has been capable of in the past.
The Supreme Court has the potential for making some terrible decisions. Many people believe that Roe v. Wade was one of them. Even Norma Corvey (the original "Jane Roe") changed her mind later and now actively opposes the decision.
The best we can do is to try to get the best and most reasonable minds available for the Supreme Court. I personally believe that we also need to place limits on the tenure of judges, instead of letting them remain until they die or volunteer to retire. Otherwise, what protection do we have against senility or a major change in their beliefs after they are selected?
2006-11-18 04:32:25 · answer #3 · answered by senior citizen 5 · 0⤊ 0⤋
Amend the Constitution.
2006-11-18 15:33:40 · answer #4 · answered by yupchagee 7 · 0⤊ 0⤋
It cannot be done... Seperation of powers.
President checks the Judiciary by nominating judges instead of having them accountable to special interest groups.
Congress checks the courts by approving judicial nominees.
2006-11-18 04:08:17 · answer #5 · answered by Firestorm 6 · 1⤊ 0⤋
curious is correct. The way to do this is to amend the Constitution, which then by definition cannot be declared unconstitutional, and can only be changed by another amendment.
2006-11-18 06:04:44 · answer #6 · answered by TheOnlyBeldin 7 · 0⤊ 0⤋
It is not normal to expect the other branches to do so!
2006-11-18 04:05:35 · answer #7 · answered by Sami V 7 · 0⤊ 0⤋
amendment to constitution?
2006-11-18 04:08:16 · answer #8 · answered by ? 4 · 0⤊ 0⤋