Analysis/Journal
In terms of Constitutional Politics, the lectures for this week discussed the complicated network of mechanisms that govern choices in constitutional law. It was assumed that a minimum prerequisite for understanding the discussions would be basic knowledge of American politics or civics (Mironesco, 2023). The lectures primarily centered on how the three branches of government, Government executive, legislative, and judicial in the United States interacted with each other to reinforce that this class’s main point would be around the Supreme Court—the highest body for not just any given country but especially America (Mironesco, 2023). Though the case of Marbury v Madison in 1803 established that courts, especially Supreme Court; have interpreted constitutionality as a tiebreaker more than anyone else these lectures argued that such notion seemed an oversimplified image because there are multiple grounds for defining Constitution business beyond political interpreters and their rhetorical theories.
The professor critically challenges the naïve assumption that it is only the courts in general and especially the Supreme Court who have authority for interpreting what exactly does or should this Constitution mean. Despite acknowledging the significance of critical cases, such as Marbury v. Madison, the lecture urges for a more sophisticated view on constitutional development and rightly points out the many-sided character of constitutional change, claiming not only that it includes decisions made by courts (Mironesco, 2023). Social pressures, changing political attitudes and dialogues between various political organizations all play crucial roles in molding constitutional values. This subtle perception encourages listeners to consider constitutional changes simply as a matter of wide dimensions that appeal to numerous forces determining the constitution being developed.
Moreover, the lecture elaborates on the wide range of actors involved in constitutional decision-making beyond Judiciary, including Congress, Executive branch, private organizations and even jurors. It clarifies how these disparate actors play critical parts in implementing, challenging, and evolving constitutional laws that considerably impact developmental values (Mironesco, 2023). Unlike a limited view that only the Supreme Court produces constitutional truths, this lecture promotes an understanding of how these different parties interact in such complex ways. By paying attention to the active role of various departments of power, private institutions, and ordinary citizens in this process, the lecture enlarges on possible narration about constitutional decisions – presenting it not as an autonomous but as a dynamic and cooperative campaign that includes many actors.
Furthermore, the lecture looks into its historical background and artfully compares slavery with modern issues. It highlights the pivotal roles of everyday citizens, political branches, and societal attitudes in shaping constitutional values; it illuminates that dynamic with examples taken from moments as far back as nineteenth-century America to more recent times (Mironesco, 2023). The lecture undermines the conventional view of judicial supremacy because it implicitly argues that the Supreme Court is not a final court and, hence, fallible. Through this approach, the lecture fosters a more complex understanding of constitutional development by highlighting how diverse forces collaborate and are interconnected to shape it at different historical points.
Lastly, the growing political split in the Supreme Court, especially since 2010, is a modern example that fits the lecture’s points. Regarding politics, the profound differences between the justices reflect the more significant political divides, where appointments are increasingly based on ideology (Lemley, 2022). This problem fits with the lecture’s focus on how important it is for the President to choose federal judges to support particular political views. Linking the current situation to the lecture’s ideas gives a complete picture of recent constitutional changes and arguments. Along with outside factors emphasized in the talk, the complex relationships between different parts of the government offer valuable insights into the complicated process of making constitutional decisions and the more significant effects of changing political situations on the judiciary.
References
Lemley, M. A. (2022). The Imperial Supreme Court. Harvard Law Review Forum, 136, 97. Retrieved from https://heinonline.org/HOL/LandingPage?handle=hein.journals/forharoc136&div=7&id=&page=
Mironesco, M. (2023, June 8). Constitutional Politics. Retrieved January 11, 2024, from www.youtube.com website: https://www.youtube.com/watch?v=xcCFRWvGqHQ