Are the courts policymakers or not Put it in the perspective of Research Paper

Are the judicatures policymakers or not Put it in the perspective of judicial restraint versus judicial activism. Use relevant court cases to pardon your position and explain why you chose those cases - Research Paper ExampleTo demonstrate the validity of the above argument, the motif will briefly explore the join States Supreme Court and how its rulings have shaped Ameri butt joint policies. tally to Boundless.com (2013), the Supreme Court holds the source to overturn justnesss and executive actions they deem unlawful or unconstitutional. This means that the court has the power to nullify a policy if it is found to be unconstitutional. Lets examine twain cases from the US Supreme Court, these cases have been chosen since they originated from the highest court in the land and they touch on the highest confidence the governing body. The case of Humphreys Executor Vs United States was decided that the president does not have the power to remove a member of an independent fed eral regulatory agency without the consent of Congress (Mauro, 2012). Another case is that of Nixon Vs United States in 1974 addressing the executive privilege the Supreme Court decl ard that no president is above the law (Phschool.com). From these two cases it can be safely urged that courts are policy makers as they establish checks and balances to the institution of presidency and this forms part of policy pertaining to this office. Even as the court exercises its constitutional mandate, it is critical that judicial restraint be used as opposed to judicial activism. This is because the former emphasizes the limited nature of courts power to honor only the past precedents while the later advocates for the use of personal views in deciding cases (Slimef 2010).Personal views are known for biasness and prejudice and should not be used in deciding cases of national importance. Policy can only stand if it is supported by the law and courts are the custodians of the law hence it is saf e to argue that courts are policy makers as has