The Political Dynamics of Justice Reform in The U.S.
The Political Dynamics of Justice Reform in The U.S.
The Political Dynamics of Justice Reform in The U.S.
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I. Introduction<br />
<strong>The</strong> Politics <strong>of</strong> <strong>Justice</strong><br />
<strong>The</strong> Economist | Sep 4th 1997<br />
Strik<strong>in</strong>g the right balance between constitutional rigidity and political flexibility is the<br />
great challenge for a supreme court<br />
<strong>The</strong> United States Supreme<br />
Court is the most paradoxical <strong>of</strong><br />
government <strong>in</strong>stitutions. Its rul<strong>in</strong>gs<br />
are studied by judges and lawyers<br />
<strong>in</strong> many countries, and so have<br />
considerable <strong>in</strong>fluence beyond<br />
America's borders. Yet all other<br />
democracies have shrunk with<br />
distaste from the idea <strong>of</strong> giv<strong>in</strong>g their<br />
supreme courts the same sweep<strong>in</strong>g<br />
powers as America's.<br />
In the United States itself, the<br />
Supreme Court's proper role has<br />
always been a subject <strong>of</strong> hot<br />
debate. Yet it probably commands<br />
more public respect than either <strong>of</strong><br />
the other arms <strong>of</strong> government: the<br />
presidency and the Congress.<br />
Though many people vehemently<br />
disagree with particular decisions<br />
<strong>of</strong> the court, its legal power to strike<br />
down state or federal laws, to<br />
arbitrate disputes between the<br />
president and Congress, and<br />
between either <strong>of</strong> them and the<br />
states, rema<strong>in</strong>s unchallenged.<br />
Throughout American history, many <strong>of</strong> the country's best m<strong>in</strong>ds have devoted<br />
themselves to puzzl<strong>in</strong>g over these paradoxes, and argu<strong>in</strong>g about how the court should<br />
go about its bus<strong>in</strong>ess. Each <strong>of</strong> these books casts light on that cont<strong>in</strong>u<strong>in</strong>g debate.<br />
Anton<strong>in</strong> Scalia's serves as a crash course <strong>in</strong> the subject. S<strong>in</strong>ce his appo<strong>in</strong>tment to the<br />
Supreme Court <strong>in</strong> 1986, he has argued aga<strong>in</strong>st what he sees as unwarranted judicial<br />
activism. In his view, s<strong>in</strong>ce the early 1950s the court has regularly overstepped the<br />
boundary between adjudicat<strong>in</strong>g and legislat<strong>in</strong>g. Too <strong>of</strong>ten, he compla<strong>in</strong>s, the court's<br />
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