<P> John Marshall recognized that the president holds "important political powers" which as Executive privilege allows great discretion . This doctrine was applied in Court rulings on President Grant's duty to enforce the law during Reconstruction . It extends to the sphere of foreign affairs . Justice Robert Jackson explained, Foreign affairs are inherently political, "wholly confided by our Constitution to the political departments of the government...(and) not subject to judicial intrusion or inquiry ." </P> <P> Critics of the Court object in two principal ways to self - restraint in judicial review, deferring as it does as a matter of doctrine to Acts of Congress and Presidential actions . </P> <Ol> <Li> Its inaction is said to allow "a flood of legislative appropriations" which permanently create an imbalance between the states and federal government . </Li> <Li> Supreme Court deference to Congress and the executive compromises American protection of civil rights, political minority groups and aliens . </Li> </Ol> <Li> Its inaction is said to allow "a flood of legislative appropriations" which permanently create an imbalance between the states and federal government . </Li>

The constitution of the united states of america