US constitution
The US constitution is described as a carefully balanced document able to serve the needs of both the national government and the republic. Also, the unique position of the Supreme Court stems from deep commitment, preservation, and protection of the oldest written constitution by the American people. (Neubauer & Meinhold, 2016). However, the complex role of the Supreme Court in terms of judicial review has not been explicitly explained by the constitution. As a result, there have been existing conflicts of legislative acts of state government and the state constitution. (Nelson, 2018)
The US constitution is relatively short and vague. This is because parts such as types of government and their distribution of power are vividly described whereas other parts such as judiciary have been left vague and unknown. For instance, Article 3 which speaks about the judiciary gives an insight that the judicial power is vested in one Supreme Court. In terms of pros and cons, it is important to note that a vague constitution presents a challenge of interpretation. The big problem comes in when neither the government nor the citizen can rightly interpret the distribution of power and their impacts on rights and freedom. On the other end, the specificity of the constitution is advantageous to the long-serving constitution. This is because it does not limit future generations to events of the past. (Cobb, 2020).
The Supreme Court should possess’ judicial activism. This ensures that the court safeguards the tyranny of the majority and protection of liberty and democracy. For instance, some of the celebrated judicial activism includes Brown v. Board of Education and Loving v. Virginia. In summary, the court should make laws and enforce them. However, the laws made should not undermine the working of the Congress. (Roosevelt, 2014)