Chief Justice Rehnquist 's Quote On The Supreme Court Of The United States

1996 WordsNov 2, 20168 Pages
This paper will argue why Chief Justice Rehnquist’s quote on the ever expanding authority of the Supreme Court of the United States is an accurate depiction of the social adoption of a third legislative branch. Through the power of judicial review, the Court has been granted legistoral authority that was not constitutionally delegated to the Court, and with this new authority the institutional practices of obtaining a seat will be examined. This questioning stems from the fact that a court of nine unelected citizens have similar legislative authority of those elected to seats of authority in the Executive and Legislative branch. Yet, while this may be deemed undemocratic, it will be made clear that the institution of an unelected Court is essential to preserving the Constitution in a way that a democratically elected court is not possible of doing. While the Court has been adapted in a way that varies from the founders’ intent, it is evident that the citizens of the country have adopted the idea of a more legislative court, and that the preservation of this new Court is essential. For one to understand the authoritative changes made in the adoption of a more legislative like Court, it is necessary to first have some knowledge of the initial intent, and authority granted to it in the Constitution. Out of the three branches, Article three which addresses the Supreme Court has the shortest and most explicit passage in the Constitution. While section one simply gives the

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