Supreme Court Violation Analysis

Great Essays
In the years from 1787 through 1788 a number of papers began to appear that radically changed American government. Alexander Hamilton, James Madison, and John Jay wrote eighty-five different letters to newspapers that helped ratify the Constitution and create a system of checks and balances for the government that the United States should still follow today. The Framers constructed the Federalist Papers to avoid many of the problems that the American government is facing today such as the Supreme Court infringing the boundaries of the judicial branch by creating their own laws. This violation of the delegation of powers can be seen in the upcoming case that will soon be decided on April 28th, 2015. The goal of this trial is to force every …show more content…
Wade. In 1973 this trial stirred controversy among both pro-life and pro-choice activists alike. Many states had abstained from adopting laws permitting abortions because of concerns regarding both the woman and fetuses’ health. The decision whether a state wants to allow abortion was entirely up to individual state’s governments prior to the Supreme Court passing this new law. The result of this trial demanded that all states offer abortions to women in their first trimester of pregnancy. Any state that had any prior laws against abortion was automatically overturned by the Supreme Court’s new law. No law should even be coming from the Supreme Court especially one that goes against so many state’s beliefs. The most contemporary issue within the government that exhibits the blatant contravention of the Federalist Papers is seen in an upcoming case that will hit the Supreme Court on April 28th. The court will review a combination of four cases concerning same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. Ultimately the decision that is anticipated is whether the Supreme Court will create a law enforcing every state to recognize same-sex marriage. Regardless of how big of a case this may be, it still should not be coming from the hands of the judicial …show more content…
Although there can be many models that can be duplicated and modeled from, there will be mistakes and flaws within any federal system. America is no exception to this, the government has strayed from the intended plan the framers laid out in the Federalist Papers. Fortunately, within these same papers are guidelines that exist to fall back on when problems arise. Today the Supreme Court is starting to act as an extension of the legislative branch by making laws. Their original purpose was to explain the laws and determine if they were constitutional, nowhere in their job description does it say they are allowed to create laws. Through cases like Brown vs Board, Roe vs. Wade, and this upcoming same-sex marriage case, it is evident the Supreme Court has overstepped its boundaries. Thankfully there are documents like the Federalist paper 78 and Antifederalist paper 78-79 that offer a framework and even suggestions to an all too powerful court system. If the nation would follow what the framers had intended, the future they had planned would be one much brighter than the one America is living in today. The antifederalists were afraid of what is happening today and left many recommendations that should be put in place such as an authoritative body to keep the judicial branch in check. Through these resources many improvements could be made in restoring the American government to its intended

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