Freedom and the Judicial System

The (federal) judicial system is highly influential in that it is able to interpret the Constitution and apply federal laws that govern all Americans. Cases begin at the district court level and may go through the court of appeals and ultimately end up at the United States Supreme Court—a panel of nine judges that have the final say in deciding the cases. The Supreme Court decides which cases are worth hearing, and ends up fully reviewing far fewer than are petitioned to it. For example, in 2007-08m it received over 9,600 petitions but only fully reviewed 75 of these (Katznelson, 259).

The Supreme Court is also able to review that decisions of state courts to ensure they comply with federal law. And while this may sound like the judicial system restricts freedom more than it supports it, but this is not the case.

By being able to interpret the Constitution, the judicial system actually gives us freedoms. Consider our freedom of speech, press, and religion. More recently, the judicial system gave women the right to have an abortion. The 1973 case, Roe v. Wade, heard by the Supreme Court, granted women the right to have abortions, and was important in recognizing the constitutional right to privacy. It followed the 1965 case, Griswold v. Connecticut, which overturned a state law banning the use of contraceptives (Katznelson, 272).

Finally, the judicial system supports freedom in a very important way: it gives the weak the ability to challenge those who have power. The Politics of Power states, “Even the powerful cannot do as they please but must submit to the rule of the law.” Though “submitting to the rule of law” may seem to limit freedom, it actually supports it by ensuring that EVERYONE may be free, not just those with the money and resources to do so (Katznelson, 283).

I often wonder, does our judicial system have enough power compared to the other branches of our government--the executive and legislative? 


Sources: 
"An avalanche of cash in judicial campaigns, Pt. 2 « Sustained Outrage." Gazette blogs. N.p., n.d. Web. 18 Mar. 2011. <http://blogs.wvgazette.com/watchdog/2010/10/29/an-avalanche-of-cash-in-judicial-campaigns-pt-2/>.


Katznelson, Ira, Mark Kesselman, and Alan Draper.  The politics of power: a critical introduction to American government. 6th ed. New York: W. W. Norton & Co., 2011. 2-12. Print.