The Supreme Court`s Power vs. Constitutional Amendment Number

TheSupreme Court`s Power vs. Constitutional Amendment


TheSupreme Court`s Power vs. Constitutional Amendment

TheSupreme-Court is and remains the highest court when it comes to thehierarchy of legal jurisdictions, in many countries. In the US, thecourt was established in 1789, and has been regarded as the finalinterpreter of the federal constitution law. However, the court isonly limited to, act inside the framework of a case in which thecourt has a jurisdiction (Bellia&amp Clark, 2012).This paper looks into the question, whether the Supreme Court shouldits judicial review power, be restricted by a constitutionalamendments.

Judicialreviewis the reviewing of the lawmaking and the executive branches of thegovernment by the courts of law, it is also known as a review of theconstitutional validity of a legislative Act (Bellia&amp Clark, 2012).

AConstitutionis a set of principles through which a nation, state, or anorganization is governed.

SupremeCourtis the uppermost judicial court in a country and the highest federalone in the US.

TheSupreme Court has its powers in all cases such as law and equityarising from the constitution, hence No its judicial review powersshould not be limited by the constitution. If the Supreme Court isdenied its mandate to review laws, who will? Once the court has beenlimited from reviewing the laws, the whole system of checking andbalancing a country’s arms of government would fall apart. Theconstitution is enacted as the overall ruling law, and the SupremeCourt ensures that the laws are upheld hence, the court ought to bethe most powerful judicial body, whereby it bases its arguments withreference to the constitution (Manning, 2014).

Thedownside to this stand is that, the people may want a law to bepassed, but rather the court rejects it, this would prove challengingas a law that has been accepted by the people, should be passedhowever, the supreme may turn it down instead, which is a downside tothe case. However, the pro for this is that, the judicial branch canhave the power to view laws of other branches, which is key inchecking and balancing the system (Zurn, 2011).


BelliaJr., A. J., &amp Clark, B. R. (2012). The Law Of Nations AsConstitutional Law.&nbspVirginia


Manning,J. F. (2014). The Supreme Court 2013 Term Foreword: The Means Of

ConstitutionalPower.&nbspHarvardLaw Review,&nbsp128(1),1-84.

Zurn,C. F. (2011). Judicial Review, Constitutional Juries and CivicConstitutional Fora:

Rights,Democracy and Law.&nbspTheoria:A Journal Of Social &amp Political Theory,58(127),63-94