Topic > Part of the Whole: The Supreme Court as Facilitator of...

In his influential 1957 Journal of Public Law article, "Decision-Making in a Democracy: The Supreme Court as National Policymaker," Robert Dahl argues the role of the Supreme Court as a political arbiter, describing it as pseudo-politics, acting to contravene the political sphere and legislative maneuvers while itself remaining outside of political life. Even according to the skeptical Dahl, the Court can be effective in shaping policy and thus be as effective a branch as the other two given certain circumstances. More inclusive evidence proves otherwise; while the Court is able to judge the constitutionality of a law or act, its powers to correct what it deems errors are almost non-existent. Gerald Rosenberg's theoretical insight and methodological thoroughness challenges Dahl, his methods, and his conclusions while countering claims about the Court's effectiveness in decision-making. Despite its notable conclusions, Dahl's article lacks the comprehensive investigations needed to examine the Court's role as a political arbiter. and creator. The systemic influences of the Court's decisions are not adequately measured in the study, partly due to limiting specifications that prevent a broad and incisive discussion on the topic. However, the Court's influence pervades both federal and state law, both in word and deed. Covering only part and not the whole overvalues ​​your agency. First, he does not adequately evaluate the role of Court decisions in both nonlegislative cases and state laws; for example, it mentions "its famous decisions on school integration" (e.g., Brown v. Board of Education, Bolling v. Sharpe, and Griffin v. County School Board of Prince Edward County), but neglects Plessy v. Ferguson, t. ..... middle of paper ...... parties interested in donating large sums to election campaigns and, in doing so, minimize the impact of their opponents' election campaigns. Seen as providing an unfair advantage to the wealthy, these decisions undermine the legitimacy of choice in American democracy and thus threaten the democratic institutions created by the Constitution and that the laws protect. If that were the case, if Supreme Court rulings called into question the spirit of the Constitution, the other branches of government would be tasked with challenging it. If the Court inadvertently decides badly, its ineffectiveness may turn out to be an advantage. Works Cited Dahl, R. A. (2001). Decision-making in a democracy: The Supreme Court as a national policymaker. (Honorary reprint). Emory Law Journal, 50(2), 563–582. Rosenberg, G. N. (2008). The Empty Hope: Can Courts Bring Social Change? Chicago: Chicago: University of Chicago Press.