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

Role of Supreme Court in the Control of the Economic Legislation - Essay ExamplePremised 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 judiciarys proper role should not comprise of economic control through judicial legislation but to properly interpret the law and if necessary to follow 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 deal should have been the correct opinion of the Court, the state of New York should not be presumed to have acted in bad faith but presumed to have acted with due deliberateness 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 profaned the Federal Constitution.5 Regulation of working conditions 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.6As 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 social intercourse has exceeded its constitutional bounds.