Tuesday, July 23, 2019

Role of Supreme Court in the Control of the Economic Legislation Essay

Role of Supreme Court in the Control of the Economic Legislation - Essay Example Premised on the said fundamental principle on the separation of powers, the Supreme Court in my opinion, should therefore, not be concerned with the wisdom or policy of legislation. The Supreme Court or the judiciary’s proper role should not comprise of economic control through judicial legislation but to properly interpret the law and if necessary to review if such a legislation is consistent with the Constitution. As Justice Harlan explains in his dissenting opinion in the case of Lochner v. New York, 198 U.S. 45 (1905), to which I believe should have been the correct opinion of the Court, â€Å"the state of New York should not be presumed to have acted in bad faith but presumed to have acted with due deliberation to the fullest attainable information and for the common good.†4 He further explained that the state alone should manage purely domestic affairs unless it appears that such acts of the state violated the Federal Constitution.5 Regulation of working condition s protecting and guarding the health and safety of the people in this case, is and should the primary concern of the state and to which the judiciary should not interfere with.6 As held in US v. Morrison, 529 U.S. 598, 120 S.Ct. 1740 U.S., 2000, the Supreme Court can invalidate a legislative enactment only upon a plain showing that Congress has exceeded its constitutional bounds.

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