The Supreme Court and Foreign Policy
The Supreme Court cannot become involved in a foreign policy, or any other policy, unless there is a legal dispute about it. If there is a legal dispute, the Supreme Court must decide whether or not to hear it. Most Supreme Court cases related to foreign policy focus on the powers of the executive and legislative branches, as seen in United States v. Curtiss-Wright Export and Hamdan v. Rumsfeld. Less often, the focus is on the extent to which foreign policies infringe on individual rights (e.g., the treatment of detainees).
Critics of the Supreme Courts lack of involvement in foreign policy argue that foreign policy cases about individual rights should be heard, given the Supreme Courts responsibility to uphold individual rights outlined in the Constitution. Supporters of the Supreme Courts lack of involvement in foreign policy argue that in areas as publicly controversial as foreign policy and individual rights, the Supreme Court should defer to elected officials in the executive and legislative branches. For this Discussion, you consider these and other arguments and their implications on policy.
To prepare for this Discussion:
With these thoughts in mind:
Post by Day 4 an argument for or against the Supreme Courts involvement in foreign policy. Justify your argument with academic resources. Then explain at least two implications of the Supreme Courts involvement or lack of involvement in foreign policy. Be specific.
Note: Put your position (for or against) in the first line of your post. You will be asked to respond to a colleague who took a different position than you did.
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