Week 2 EOC: The Supreme Court


THE UNITED STATES SUPREME COURT

 The constitution of the United States of America clearly outlines in Article III the role of the Supreme Court.The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress.(1) The court is essential in american government as all major political issues pass through this system. Abortion is a current and heated issue in the Supreme Justice Court.

Supreme court case 410 U.S. 113 Roe V. Wade, appeal from the United States District Court for the Northern District f Texas, demonstrates the issue of abortion clearly: A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had two state abortion prosecutions pending against him, was permitted to intervene. A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities of contraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. A three-judge District Court, which consolidated the actions, held that Roe and Hallford, and members of their classes, had standing to sue and presented justiciable controversies. Ruling that declaratory, though not injunctive, relief was warranted, the court declared the abortion statutes void as vague and overbroadly infringing those plaintiffs' Ninth and Fourteenth Amendment rights. The court ruled the Does' complaint not justiciable. Appellants directly appealed to this Court on the injunctive rulings, and appellee cross-appealed from the District Court's grant of declaratory relief to Roe and Hallford.(2) Like all cases it is a sensitive issue, I personally feel every woman has the right to her body. Many take abortions to lightly, but the only woman living the situation and has a full understanding is the woman carrying the new born. I believe it is against the constitution to outlaw abortions.

The Supreme Court in America adjudicates on acts passed through the political system by Congress and President. The Supreme Court's task is to declare whether an act is constitutional or unconstitutional. The Supreme Court cannot initiate a bill/act - it can only adjudicate. Presidents appoint Supreme Court judges and the Court was to play a part in the outcome of the Election.(3) It is such a process when developing the court system because like the Roe v. Wade case parties involved are faced extremely challenging cases that required knowledge and a deep understanding on the American foundation.

  BLOG CITATIONS LINKS: 

1. The Role of the Supreme Court
2. Cornell Law School 
3. Supreme Court

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