TSA Body Scanners

2241 Words9 Pages
The Judicial System of America is the most unique and diverse form of judicial governing in the world. With the diversity created through Adversarial Legalism and the separation of powers that divides all governmental power, we see an overlap and competing powers between the branches. Through the overlap creates policy-making in order to appease the public while creating orderly dispute resolution. However, limits are set forth to prevent any one branch from gaining too much policy-making power through checks and balances, certain constraints, and democratic power through elections. Created through these freedoms and restrictions is the debate of whether the court system is constrained or dynamic in their policy-making process and whether the Judiciary branch of government can directly influence social change. Through American Adversarial-Legalism, such constraints formed include doctrinal, institutional (both internally and externally) and cultural, if the view that the court is constrained. Each of which provides certain guidelines that creates limits on policy-making, whether it is through previous statutes, the organization of the court system, how society sees the policy, etc. Centuries of court cases have created this debate and have altered opinions of which court view is stronger, because of social change and rearrangement of the government officials and their powers fluctuating as time passes. The norm of the stronger view always varies with time. With present issues and conflicts, the rise of the views comes into question. Specifically the case of EPIC (Electronic Privacy Information Center) v. DHS (Department of Homeland Security) questions the legitimacy and practical use of Whole Body Imaging and Body Scanning, as... ... middle of paper ... ...th Affairs. U.S. Department of Homeland Securty. Web. 1 Dec. 2011. . Fact Sheet: Advanced Imaging Technology (AIT) Health & Safety. Digital image. Office of Health Affairs. U.S. Department of Homeland Securty. Web. 1 Dec. 2011. . Circuit Court Judge Ginsburg. On Petition for Review of an Order of the U.S. Department of Homeland Security. Digital image. United States Court of Appeals for the District of Columbia, 15 July 2011. Web. 1 Dec. 2011. Frank, Thomas. "Homeland Security Looked into Covert Body Scans - USATODAY.com." News, Travel, Weather, Entertainment, Sports, Technology, U.S. & World - USATODAY.com. USA Today, 4 Mar. 2011. Web. 01 Dec. 2011. .
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