How has concern over foreign policy and military affairs shaped political life in the United States since the 1780s?
The Critical period, was a period of definition for the American Nation. After victory of the American Civil war in 1783, there arose federalists and anti-federalists fighting for the definition of the American government and how it should be run. George Washington, being on the federalists front, vouched for a federal government, and led by Thomas Jefferson, the Anti-federalists rooted for the state rights. The federal government was to be central and in control of all power over the United States. This was argued by the anti-federalist to be possibly the central government undue power.
The federal government was awarded a lot of roles in the United States government including the role of economic control which was hotly debated for between the federalists and the anti-federalists. The federal government, run by the newly elected president, George W Washington, sought majorly for neutrality from forming influence by formulating stringent foreign policies during the formulation of the United States Constitution. The constitution came as a result of a rebellion by the Shayesites in Massachusetts attempting to capture the United states war Arsenal and in bid to rise against economic injustices by the then ruling constitution article of confederation George W Washington worked throughout this terms as a president to preserve the military superiority of the United States of America and U.Ss Neutrality from the international affairs and relations (Yoo, 2008). In his bid to avoid war, international affairs were a threat to the unity and strengthening of the newly formed nation. These included the impressment of the Unites States Navy forces by the British Government and the capture of the Mississippi river by
The Spaniard Army which the president cleverly solved by sending negations instead of taking sides in a cooking war. Jays Treaty by John Jay evicted the British army form the American soil and San Lorenzo treaty by Thomas Pinkney opened U.S access to the Mississippi river.
Foreign policy field has been prioritized by the government over other policies in United States if America. This orientation towards the foreign polices was developed after the world war one and the events that led to its occurrence. The government, convinced that isolatism was no longer a solution, took to foreign policies for protection of their nation. Ideology gives that the control of freeing policies should be done by political parties or politically elected individuals which has given an important role of politics in the United Sates as the president elect is responsible of formulating and passing the foreign policies that shape the US. Nation. In this bid, politics is very important field in the US mostly contested by parties that have an aim of changing their foreign polices to exert their goals over the nation. Being so important, the government of George W Washington resorted to having few political parties in fear of destruction of the nation internally as the parties fought for power over the nation. The parties than came to be allowed to consists in the United States include the Republic party and the Democratic Party that were majorly the division between the Federalists and the Anti-Federalists. The constitution has played a big role in detecting the political ground rules set by the congress and reviewed constantly to ensure fairness in the election of the American leaders after each presidential term.
How can the U.S. Supreme Court best fulfill its role of judicial review?
Judicial review is an act of the Supreme court in measuring the statute action or rather an executive action against the Constitution of the United States to validate that all the constitutional laws were correctly followed and that no rights and constitutional requirements including the safety of the nation has been violated by formulation of any executive directive. These measure include the American constitution, any treaty expected to be abided upon and other fundamental laws of the nation or institutions involved. The early bid by the United States Government that the state statutes had deliberately exceeded the permitted bounds by the National Constitution of the American country was among the first antecedent s of modern day Judicial Review. Judicial Review has a very important role in political field especially the watchdog role played by the defeated runners up party in a contested political election as they prevent the president elect and the congress from making decisions that are not allowed by the National Constitution.
John Marshall is mostly referenced in Judicial Review cases citing in his opinion on the Marbury v. Madison case in the year 1803 where by the provision of the Judiciary Act of 1789, the court had improper jurisdiction extension therefore denying the petition by Marbury William. Judicial restraint calls for a more careful practice of judicial power which President Reagan pledged form the judges. Application of the judicial restraint by the government of Ronald Regan has evidenced negative results as the judges are appointed with the expectation of having the responsibility of rewriting laws pf the constitution. The old limits have been clearly breached as they strike down written laws, not necessarily without evidence, as they do have enough legal grounds for the same. Judiciary restraint states that the judges should limit the exercise of their power. They should hesitate and move with caution before striking down laws unless obviously they are unconstitutional. This does not really restrain he judges from exercising undue excess power such in the case of Cohens v Virginia where the Supreme Court practiced its power excessively and reaffirmed its constitutional right to review judicially all the judgements of the State court cases arising under the federal government constitution or other laws of the United Sates Nation (Fallon 2008).
Judicial activism allows for the judges to substitute their own political opinion over the law that is recommended and applicable acting like the legislatures that has come to be coined as bench legislation. In the case as that of Raw v. Wade, the Supreme Court ruled the right to privacy under due process extending the woman decision to carry out the abortion balancing against the legitimate interests to carry out abortion. The Original intent was designed by the sir Hamilton as the controlling act for the judicial system. It detects that the function of constitutional setting and review should be left to the executive arm of the government, the congress, and they only are limited to apply the statutes formed by the legislature or the congress. This would be the best way for the Supreme Court to perform judicial review as it only depends on the constitutional law makers and makes references form the laws that are made where due process of involving the public in law making is followed.
Fallon Jr, R. H. (2008). The core of an uneasy case for judicial review. Harvard Law Review, 1693-1736.
Yoo, J. (2008). The powers of war and peace: The Constitution and foreign affairs after 9/11. University of Chicago Press.
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