The American democracy does not become weak if some of the legislative duties are settled in the court. What happens is that the country leverages all its wings of governance as stipulated out in the constitution. According to the constitution of the United States of America, the three arms of government are the executive, the judiciary, and the legislative. The legislative arm of government is made of the senate and the congress, the judiciary is made up of the judges of all federal courts; the executive is made of the president and the cabinet (Stumpf, 68). These arms of the government work in a closely knit system to deliver services to the citizens of the U.S irrespective of whether they are directly elected by the masses through the ballot or not. They are all supposed to work based on their roles, as defined in the constitution.
The judiciary is a strong arm of government and gives the country a room for arbitration and conflict resolution where the legislative and the executive are dealing with contentious issues (Stumpf, 70). This arm of government helps with the interpretation of the constitution in cases where the other arms of government are not able to understand specific Acts and clauses in the constitution.
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"The Judicial Branch".
The congress might make laws that are not based on the guidelines of the constitution to benefit their selfish ambition (Vile, 123). In such cases, the judiciary intervenes by interpreting the supreme law or the constitution. Contentious issues in the country such as abortion and same sex marriages cannot be comprehensively legislated in the congress because their sensitivity. Some members may not open up freely for the fear of hurting electorate who hold conflicting opinions (Stumpf, 68). For this reason, the judiciary comes in as non-partisan organ to make the best constitution judgment on such contentious issues.
- Stumpf, Harry P. American Judicial Politics. Upper Saddle River, NJ: Prentice-Hall, 2008. Print.
- Vile, John R. Great American Judges: An Encyclopedia. Santa Barbara, Calif. [u.a.: ABC-CLIO, 2003. Print.
