Free Men in Black Essay Sample
In the objective evaluation that will follow, the focus will be on the text 'Men in Black: How the Supreme Court is Destroying America' written by Mark Levin. Levin, a court observer, a host of a radio show, and a legal expert will go in the history of the United States as one of those people who helped to reveal the controversies surrounding the American Supreme Court. Of all the critics I have read about lately, he is probably the best at this time and age. Levin deduces that the Supreme Court of America has virtually interfered with all important sectors such as prisons, health, and society among others. Levin closely examines a number of decisions that the Supreme Court has made in the past.
Additionally, he has explored in a detailed manner how the Supreme Court has attempted to interpret the constitution in a questionable and controversial manner, something that no one could have ever imagined. In order to ensure that his message has reached his target audience, the citizens of America, Levin remains focused to his objective of highlighting issues that mainly affect them. Although the Supreme Court is a highly respected institution in America, it has made some controversial decisions that no one has ever contemplated.
From when his analysis starts, Levin engages the reader in one of his major contentious discussion of landmark issues in regard to Supreme Court such as Roe vs. Wade that involves the rights of abortion. Additionally, he has explored the Lawrence vs. Texas issue that attempted to give adults the rights of engaging in homosexuality, commonly known as sodomy. Furthermore, the controversy surrounding Grutter vs. Bollinger that recognized race as a determining factor while one is applying for an admission in either college or university, has been criticized by Levin. In some of the issues that Levin considers an abomination is the Texas vs. Johnson issue that protected the rights of American citizens incase they burn the flag of America. He looks at it as something that even the founders of America would not have agreed.
Another contentious issue that Levin explores is the decision by the Supreme Court in the matter of Hamdi vs. Rumsfield. In regard to this matter, any individual in detention has rights to question his or her detention is equally explored in the text. While looking in depth at these controversial decisions by the Supreme Court of America, Levin deduces that the court has overstepped its mandate and powers given to it by the constitution. He adds that it is way above the constitution authority bestowed on other government departments and other decisions that have been made basing on sources such as public opinion, health practices, and foreign rules. The Supreme Court has also been implicated for giving equal powers to non citizens of United States in competing for jobs in the civil service. Levin registers his disappointment arguing that there are still many American citizens who are educated and have not secured jobs in the civil service. The court has also given the non-citizens rights of enjoying state benefits in-spite of their settlement requirements.
The final contention of the author is the announcement by five judges in the Supreme Court of using foreign law while making their decisions was not welcomed by Levin. The move by Supreme Court to allow the detainees from Taliban and al-Qaida to get defense advocates and access to any information is likely to be used against them in court. Levin does not like the idea of the Supreme Court doing away with all the religious writings and symbols in public places. The ruling by the court that children pornography is protected but can still be used for advertisement is something that Levin did not expect even in his wildest dreams. It is with no reasonable doubt contentious.
Following his contentions, Levin proposes several solutions. The first solution that Levin proposes is enacting amendments in the constitution, which will impose limits of decisions made on matters regarding justices. He proceeds to argue that the lifetime period that allows several justices to continue serving even after their minds are impaired should be rectified soonest possible. He also proposes that an amendment should be enacted in the constitution that would give power to the congress to alter decisions made by the Supreme Court through a vote of the supermajority. In other words, it should resemble that of overriding a veto by the president. Through these amendments, Levin believes that the Supreme Court will be trimmed to size and the will be accountable to the American citizens.
However, Levin's text has several strengths and weaknesses. Although I hold the same views just like Levin, I tend to disagree with the issue of maximizing the accountability of the Supreme Court towards the political class. If this happens, the constitution will be dealt a blow. If what is being seen in the news is anything to go by, it is evident that the Supreme Court of the United States is not guided by political wind when it comes to the making of decisions. The liberal groups usually express their views and interests through influencing appointments in the judiciary. This has however not been included in Levin's text. Going by the public opinion, it will only cause more non-constitutional issues in matters regarding legal issues.
His analysis does not have the latest reforms that have been done in the Supreme Court during the era of President George Bush and Barrack Obama. The field of judiciary has experienced transition from when this book was written. Putting this into consideration, anybody interested in knowing the current trends of the Supreme Court will be misguided by this text. It is worth to note that chief justice John Roberts is the new occupant of the position once held by William H. Rehnquist. Additionally, Sandra day O'Connor is almost retiring and he is waiting for his successor to be mentioned. However, I believe Levin is still on the lookout on what is happening and soon I know he will be coming up with a new stuff in regard to the Supreme Court.
From when his analysis opens to the very end, Levin has portrayed his biasness in terms of the achievement that the Supreme Court has managed to make in the last two decades. He has focused mainly on controversial decisions and scandals surrounding the Supreme Court leaving out the improvements and major events that the court has been involved in. Owing to his biasness, many people in America have been made to believe that the Supreme Court is a big threat to their freedom certainly at all levels. However, its is important to note that the congress and the executive have at one time or another used the court to issue policies, something I would call indirect dictatorship. Through his criticism, some innocent people have been corrupted their mind and have lost confidence in the American judicial system.
Levin's analysis strength lies in his convincing nature. He manages to carry out a wide range of research on what has been happening in the Supreme Court. Additionally, after a successful presentation of the problems and issues facing the Supreme Court, Levin has offered several solutions to the problems. In contrast with other texts I have read concerning the same issue, the book covers on issues affecting the citizens and not particular stakeholders.
Levin's analysis of the Supreme Court has changed my way of thinking about the same. From my understanding, the men in black are well endowed with matters pertaining law. I have had confidence with all the decisions that they make, thinking that they reach them after wide consultation, which I have come to learn through Levin's text that it does not happen. The judges in the Supreme Court do not consider even the public opinion when making decisions. In conclusion, his analysis is an eye-opener to most Americans who may not have an idea of what is happening in the judicial system. I would rate the book 6 out of ten, for presenting the controversies surrounding the supreme courts in a systematic manner.