Question

There has been much debate in American society in the past several decades as to whether the Supreme Court has overreached its authority granted to it in the US Constitution. Do you think the Supreme Court has done so or is it operating within its constitutional boundaries? Defend your position with at least TWO specific court cases that have reached the Supreme Court.

Answer 1

When the government started functioning in the US, judicial branch was considered to be the weakest branch of the government. However, the change came when the concept of judicial review was introduced. It equipped the courts with the ability to questions the statutes of the other two branches not only in terms of their relevance to the constitution but also in terms of interpreting the constitution in the present time. One of the most important cases came when the separate but equal rights were established after the civil war and abolishment of slavery in which the court suggested that the equal rights should be given to everyone even if it’s separate. Second case was when the supreme court decided that all the US citizens should be provided equal rights and facilities that shouldn’t be separate and termed it as discrimination.

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