Autonomy of the Law the Term Paper

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The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of the case is that it once again highlighted the limits of the power of the federal government. Chief Justice Rehnquist declared that the congress had the power to regulate the channels of commerce, the instrumentalities of commerce and actions that affected interstate commerce. The Lopez case was therefore considered outside the federal jurisdiction.

Heart of Atlanta (Motel) v. The United States'

This case related to the application of commerce powers and also involved racial discrimination. This case involved commerce clause and Civil Rights Act. The Court ruled that Congress had the power to regulate a business that served interstate travelers. It also declared that racial discrimination disrupts commercial intercourse and has a real and substantial relation to the national interest.

Discussions and Conclusions

Establishment of the boundaries of the three arms of the United States government has involved both political and power struggle between the three arms. This has helped the three functions establish their boundaries. The three functions have to work together. In Worcester v. Georgia case, when Chief Justice Marshall passed a verdict that went against President Andrew Jackson's wishes, Jackson reportedly said, "Well, John Marshall has made his decision, now let him enforce it." This statement shows that the courts do not have the power to enforce a ruling; the other arms of the government have to perform that function [CRF, 1998].

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This realization of changing of political and economic climate made the courts recognize that their judgments should reflect the changing circumstances. Cushman analysis of the change of an Internalist approach appears to carry more logical explanations of this evolving attitude. There is no doubt that Roosevelt's 'pack the courts' plan had a major effect on this change in attitude. Externalist view that this caused a constitutional revolution and the courts were intimidated by the plan appears to be unsubstantiated by the decisions made even before 'the plan' was conceived. As George Bush said on the occasion of Law Day 2003, "United States constitutional system of separation of powers places careful limits on the powers of judges and separates the responsibilities of making laws and interpreting laws between the Legislative and Judicial branches." The courts recognize this separation of power and are doing a remarkable job of guarding their autonomy and gaining the respect of the people, not only in United States but worldwide......

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