If the United States Supreme Court did not have the authority to rule acts of the President of the United States or of the United States Congress that were inconsistent with the Constitution, do you think the government would run more smoothly? Do you think the government would run more fairly? Explain your answers to both questions

Question

What will be an ideal response?

Answer 1

If the executive and legislative branches were not subject to judicial scrutiny, one might argue that both of these branches would push the boundaries of their power, which could result in greater conflict as each tried to achieve dominance over the other. Additionally, the executive and judicial branches could further reduce the power of the court system, without worrying about their actions being ruled unconstitutional. The executive branch potentially could become the more powerful and dominant among the three branches. This could lead to stability, but increased power might also lead to an over-centralization of power, to the detriment of individual rights. The student should wrestle with the implications of a lost balance of power, and should demonstrate an awareness of the possible impacts of this type of government on the efficiency and fairness of the system.