Political backgrounds and influence on Constitution

Free essays 0 Comments

Politicalbackgrounds and influence on Constitution

Politicalbackgrounds and influence on Constitution

TheJudiciary is one of the three branches of the United Statesgovernment, and it’s composed of courts located at the federal andstate levels. Its primary purpose is to administer justice indifferent cases. The judiciary has been recognized as the weakest armof government as noted by Alexander Hamilton. I partly concur withthis statement because courts do not have the power to act onunconstitutional laws unless a case is presented to them. The othertwo arms of government have direct power which they may use whenappropriate. The judiciary is merely confined to a passive role ofdefending the privileges and rights of the people. On the contrary,this statement lacks full merit based on the argument emanating fromthe powers upheld by the judicial review which gives courts authorityto review and even nullify unconstitutional actions of thelegislative and executive branches. The powers of the Supreme Courtinvolves the revocation of illegal actions by the president. Aspecific example occurred in 1952 whereby President Truman orderedthe military to take over steel plants in the United States. TheSupreme Court found his actions to be unconstitutional despite hisjustification that he had the powers to do so (Frankfurter andLandis, 1972).

Tosome extent, the political backgrounds of Justices have had an impacton how they interpret the Constitution. Courts operate under thecontext of the law and uncertainties in the Constitution provide roomfor judgement. During the selection of nominees for Supreme Courtpositions, presidents are usually particular in choosing individualswhose views and legal disputes align with their own. This justifieswhy they nominate someone from their party. The nature of SupremeCourt cases and ambiguities in the law allow the partisan leaning ofJustices to prevail during decisions. Such partisanship was clearlyvisible during the Citizens United case which ended in a five to fourruling. Five of the Justices who rule in favor of Citizens Unitedwere conservatives and Republican nominees while the remaining fourJustices, three were Democrats and one an appointee of a moderateRepublican president. It is evident that each side interpreted theConstitution in a way advantageous to its party (Goldman and Jahnige,1976). The role of partisanship is thus unmistakable in this case.


Frankfurter,F., &amp Landis, J. M. (1972). Thebusiness of the Supreme Court: A study in the federal judicialsystem.Transaction Publishers.

Goldman,S., &amp Jahnige, T. P. (1976). FederalCourts as a Political System, 2D ED.R. V. D THARP (Ed.). New York: Harper and Row.