The term “referee” is used to categorize the relationship the Supreme Court has between the other two branches of the federal government. The term describes instances when the Court is needed to settle a disagreement between the executive and legislative branches regarding their Constitutional powers. The role of the Supreme Court is to interpret the Constitution, whether it be regarding court cases or in this case, helping the other two branches to understand their powers vested by the Constitution. Both the Legislative branch and the Judicial branch interpret the United States Constitution. The Legislative branch does this when creating laws. For the laws to be legal and constitutional the Congress must properly interpret the Constitution. With two separate branches interpreting the Constitution there is room for disagreement to arise between the two. This is aside from any di...
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... possess the resources to enact the solution on their own.
The Framers of the United States Constitution worked to create a government that did not allow for the tyrannical nature of their previous government. The Constitution ensures that one branch does not hold all the power but instead has to work with the other branches. Each branch is there to check and balance the others. This system however has created a Supreme Court that is neither a “referee” nor an “umpire” to the other branches of government or between the different levels of government. The Court can only make suggestions regarding an issue or disagreement and is reliant upon the other branches for enforcement. IT is more appropriate to describe the relationship that exists in our system of government as that of a “mediator” who is able to suggest solutions but again relies on others for enforcement.
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