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Presenter: Michael Wiesen

Faculty Sponsor: Martha Yoder

School: UMass Amherst

Research Area: Political Science and Government

Session: Poster Session 1, 10:30 AM - 11:15 AM, Concourse, B12

ABSTRACT

The American Constitution clearly outlines a strict separation of powers, allowing the three branches of our government to separately and faithfully represent the people of the United States. The House of Representatives and Senate which combine to create the Legislative branch are meant to make laws, while the Executive branch, led by the White House, enforces them, and the Judicial branch, championed by the Supreme Court, makes sure that all actions taken by the government are constitutionally permissible. In recent years, however, hyper-partisan politics have taken over Washington, and the Legislators who are meant to serve the people are more focused on optics, funding, and winning the 'culture war' more than compromise, solutions, and effective policy. Because of this, the Executive and Judicial branches have increased their effective control over the legislative process, utilizing all available tools at their disposal to achieve political goals without needing Congressional approval. This project looks specifically at the Supreme Court and analyzes how, through the power of certiorari, the shadow docket, and the ultimate power of judicial review, the highest court in our country has been able to effectively create legislation from the bench, circumventing a system that was designed with the explicit goal of forcing political compromise. It will analyze policies created by all three branches and look at how the current political landscape of America has strayed so far from the Founding Fathers' vision.