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2019 J. Const. L. 61 (2019)
The Political Role of the Supreme Court of the United States under the Separation of Powers and Its Model of Checks and Balances

handle is hein.journals/constulv2019 and id is 193 raw text is: 





Iviko Khavtasi


                                       Tbilisi Iv. Javakhishvili State University BA Student



 THE POLITICAL ROLE OF THE SUPREME COURT OF THE

 UNITED STATES UNDER THE SEPARATION OF POWERS

         AND ITS MODEL OF CHECKS AND BALANCES



ABSTRACT

The role of the judicial branch in the US checks and balances model of the separation of powers
has never been univocal; An analysis of the epochs reveals that this branch of government has
come  together in an interesting and complex way of evolution. The following paper briefly
discusses the basic essence of the US constitutional model, the development of constitutional
review within its framework, key characteristics of the Supreme Court control, along with sev-
eral case-law decisions and the contemporary challenges of the American Supreme Court in a
polarized political climate.


1. THE FIRST  WRITTEN   CONSTITUTION

We  the People of the United States, in Order to form a more perfect Union, - with these
words begins the first written constitution in the history of mankind, its preamble, this docu-
ment, dated 1787, is one of the shortest and oldest basic laws. It takes into account and is based
on the principles of republicanism, separation of powers and federalism.2

The text of the Constitution along with the Declaration of Independence of 1776 is infused with
the ideas of Thomas Hobbes, John Locke, Charles Louis de Montesquieu and others. The new
state was developed from the colonies of England in accordance with the inevitable values of
life, liberty and property by the American nation. Locke argued that these natural God-given
individual rights were substantially inviolable, therefore depriving of these rights by any gov-






' See the preamble to the Constitution of the United States., available at:
https://www.senate.gov/civies/constitution item/constitution.htm [last accessed on November 26, 2019].
2 Constitutional Law of Foreign Countries, Edited by Melkadze 0., Tbilisi, 2013, 13.

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