Government Discussion Question ( Essay) Essay Example | Topics and Well Written Essays - 500 words - 1

Government Discussion Question ( ) - Essay Examplerment to overturn any unconstitutional prompt by the Congress and observed that the judiciary will always be the least wicked to the policy-making rights of the Constitution because it will be least in capacity to annoy or slander them. His observation was on the basis that the judiciary has no influence over either the sword or the purse meaning the Court could not influence either the legislative or the executive. Agreeing with Hamiltons views on the power of the Court, OBrien in his analysis of the role of the Supreme Court in American nation acknowledges limitations of the Court in the matter of policy making and bringing social change having by itself no chance to resolve great issues of commonplace policy. However, he contradicts Hamiltons contention that the Court is least dangerous and contends that it is no longer so. The Supreme Court, according to OBrien, by getting increasingly active has become a storm center of na tional politics.Hamiltons vision of a completely independent Court has not materialized and instead the judiciary has found itself acting under external pressures from the executive, legislature and the public opinion. Devoid of the power of the sword or the purse, the Court depends for the impact of its rulings and their influences on the policymaking on the political creations of the country and the public opinion. The confrontations consequent upon the school desegregation ruling in the Brown v. Board of instruction case (1954) is a pointer to the Courts policymaking limitations. Hamiltons observation that there is no self-direction if the power of judging be not separated from the legislative and executive powers was intended to mean that wads democratic right would be in danger if the Court does not independently act to uphold that right. The same concern is reflected in OBriens argument for the Court to be an institution of prestige freeing itself from the political