The Supreme Court and Foreign Policy

One of the fundamental functions of a government is to build relations with other countries. These relations are founded on policies that guide the relationship to ensure limits are not surpassed. The United States of America has relations with almost two hundred nations worldwide. For this reason the United States foreign policy is a critical aspect in the governance of the country. American foreign policy has changed over time owing to the changes in the global society in terms of how countries advance and explore new ideas. Today, the American foreign policy involves a variety of functions some of which include establishing relations and maintaining diplomatic relations with other nations as well as international organizations such as the Unite Nations.

Most cases that arise from foreign policy are always solved by the congress. The Supreme Court’s role in foreign policy is limited some functions which include, cases to do with treaties, admiralty, maritime law, and ambassadors (Vile, 2014). It is also mandated to solve disputes that arise between states and as wells as those that arise from foreign states. Decisions made by the Supreme Court are considered final. Foreign policy is a mutual agreement for which parties involved are expected to be subject to. Since cases that arise from foreign policy involve two parties bound by an agreement, it is more effective to establish a judicial structure that is flexible in terms of decision. Cases such as those that infringe on human rights should be left for the congress because decisions on the same should allow for flexibility so that relations are maintained while at the same time resolutions to such problems are made.

Implications supreme court’s involvement in foreign policy

Delay in judicial process

The supreme is the highest court in the United States. For this reason, the court receives the highest number of cases that are more often than not are considered serious cases. Whereas cases involving foreign policy are weighty, it is possible to solve those cases outside Supreme Court. This is to provide the court with enough time to handle other cases while at the same time overseeing the operations of the lower courts.

Inflexibility in decisions

Cases to do with foreign policy require some flexibility in terms of the decisions made. The Supreme Court being the final court may not be able to provide flexible decisions and it is for this reason that the congress should be allowed to debate over such issues and develop mutually acceptable decisions which will seek to maintain international relations.

Implications supreme court’s non-involvement in foreign policy

Negative publicity

The Supreme Court should be able to protect the American citizens from injustice (Cohen, 2006). This is a key role the judiciary is entitled to play in any country. The citizens of the United States look up to the Supreme Court to undertake cases that involve them and make decisions that are fair. Lack of its involvement therefore will create a negative perception about the Supreme Court and this is vital for its survival and credibility.

Irresponsible court decisions

The Supreme Court is the highest court and its decision is considered final and functional. Its lack of involvement may result to insufficient justice from the executive or the legislature arm of the government. The essence of justice is for it to be fair and worth the crime. The Supreme Court is better positioned to make the decisions that the public can consider fair and worthwhile.

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