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  • Essay / TSA Body Scanners - 2241

    The American justice system is the most unique and diverse form of judicial government in the world. With the diversity created by adversarial legalism and the separation of powers that divides all governmental power, we see overlap and competing powers between branches. Through this overlap, policymaking is created in order to placate the public while creating orderly resolution of disputes. However, limits are set to prevent any branch from gaining excessive decision-making power through checks and balances, certain constraints, and democratic power through elections. These freedoms and restrictions spark debate about whether the justice system is constrained or dynamic in its policy-making process and whether the judicial branch of government can directly influence social change. Through American adversarial legalism, these formed constraints include doctrinal, institutional (both internal and external), and cultural constraints, if the court is considered constrained. Each of them provides certain guidelines that create limits on policymaking, whether through previous laws, the organization of the judicial system, the way society perceives policy, etc. Centuries of court cases have created this debate and changed opinions on which courts' opinions are stronger, due to social changes and the rearrangement of government officials and their powers fluctuating over time. The norm of the strongest point of view always varies over time. With current issues and conflicts, the rise of opinions is being challenged. Specifically, the case of EPIC (Electronic Privacy Information Center) against DHS (Department of Homeland Security) calls into question the legitimacy and practical use of whole-body imaging and body scanning, as that...... middle of paper ...... e Business. US Department of Homeland Security. Internet. December 1, 2011. .Fact Sheet: Health and Safety of Advanced Imaging Technology (AIT). Digital image. Office of Health Affairs. US Department of Homeland Security. Internet. December 1, 2011. .Judge Ginsburg of the Circuit Court. On the petition for review of an order of the United States Department of Homeland Security. Digital image. United States Court of Appeals for the District of Columbia, July 15, 2011. Web. December 1, 2011. Frank, Thomas. "Homeland Security reviewed secret body scans - USATODAY.com." News, travel, weather, entertainment, sports, technology, USA & world - USATODAY.com. USA Today, March 4, 2011. Web. December 1. 2011. .