The nature of judicial power in the United States at this moment is one that has largely been shaped by the US Supreme Court. This court, as it stands today, carries with it a great deal of authority on matters of law and interpretation throughout the country. It is this very power that allows the Supreme Court to make rulings on issues ranging from civil rights laws to abortion rights (Lemons, 2020). In addition to this broad range of areas where they can issue decisions, they also have tremendous sway over how those decisions are interpreted by lower courts across the nation (Lemons, 2020). As such, many see them as having an outsized influence on legal matters in comparison to other branches of government or even other countries’ judicial systems (Henderson & Villa-Soto, 2012).
This brings up an important question: does the US Supreme Court currently wield too much power? On one hand, there are those who argue that it does not. It is true that their decisions often carry tremendous sway but scholars suggest that due to checks and balances present within our interwoven system of laws they do not have a stranglehold on legal matters like some could think (Henderson & Villa-Soto, 2012). Furthermore, courts only take cases which are appealed from lower levels giving them less say than people might think about day-to-day matters (Lemons 2020).
Give an assessment of what the nature of US judicial power is at this moment and assess whether that is appropriate or not appropriate.
On the flip side however there are valid arguments for why many feel as though these nine justices may bear too much weight when it comes to legal affairs in America. For example opponents point out that sometimes their judgments reach far beyond what Congress or state legislatures put forth into law and can be seen as being overly intrusive into policy making processes which should remain exclusive domains of elected leaders(Henderson & Villa-Soto ,2012) . There may even be potential scenarios wherein rulings made by those sitting upon the bench could directly contradict established laws without proper recourse for citizens who want them overturned(Lemons ,2020 ).
Ultimately if one were asked whether or not the US Supreme Court had too much power or not enough;the most accurate answer would likely be somewhere in between. While it is true that they play a vital role within our system and help ensure uniformity amongst all states’ interpretations of law;there exists an ever present danger should their powers become unchecked and/or abused. With these considerations firmly in mind then;it seems entirely appropriate for Americans to keep close watch over both their own lawmakers and those appointed onto high benches so as to protect against any sort of misalignment between justice and freedom here at home .