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  • Essay / The second challenge: the imperial justice system - 1279

    People have always been concerned that our justice system makes massive decisions in an undemocratic manner and while there are parts of our history nation (Jost). There have been terrible decisions for our nation, Dred Scott v. Sandford; but there are some decisions that everyone can agree with in retrospect, Brown v. Board of Education. There are also decisions that still divide us as a nation, Bush v. Gore and Roe v. Wade. Many problems stem from our current justice system; however, I understand that the problems that arise from this will not come from a quick fix and that we may have to live with some of them. Looking at the history of the judicial branch of the United States government, I believe that its power of judicial review should be limited, but that it should provide certain exceptions when necessary in certain cases. In William Hudson's book, American Democracy in Peril, he writes about various "challenges" that play a vital role in shaping the future of the United States. The first is the problem of the “imperial judiciary”. Hudson defines it this way: The American justice system has become so powerful that it answers and decides important policy questions, questions that our democratic legislatures probably should answer. Instead of having debates in which everyone's voices are heard and taken into account in the final decision-making process, a democratic type process; we have a single judge or a small group of judges making decisions that affect millions of citizens, an “undemocratic” process. Hudson personally believes that the current state of judicialized politics is detrimental to Americans' political decisions. According to him, the judiciary is the "least democratic power", and ...... middle of paper ...... e, the fact that it is "undemocratic" is actually a force that sometimes helps our nation. to make important decisions that others will not make? Works Cited Chemerinsky, Erwin and Catherine Fisk. “Judges make the law, that’s their job.” The United States Today. Gannett Co. Inc., August 23, 2005. Web. March 1, 2011. .Hudson, William E. American Democracy in Peril: Eight Challenges for America's Future. Washington, DC: CQ, 2010. Print. Jost, Kenneth. “The federal judiciary”. CQ Researcher 8.10 (1998). QC Researcher. SAGE Publications. Internet. March 1, 2011. Palmer, Elizabeth A. “The Court and Public Opinion.” CQ Hebdomadaire December 2, 2000. CQ Hebdomadaire. SAGE Publications. Internet. March 1. 2000. .