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Three branches of federal government
Structure of the us court system essay
Structure of the us court system essay
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Recommended: Three branches of federal government
The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another. Once creating these boundaries, the government became more unified and therefore able to control the country much more formally through the courts. To see the beginning of the never ending, the …show more content…
With that said after the Constitutional Convention was signed in 1787, President Washington felt it was necessary to institute the Judicial Courts, that are meant to exercise “judicial powers and to perform only judicial work” (Structure of the Federal Court System, 196). Since the country towards the end of the eighteenth century were under the Common Law rule, this step seemed sufficient to benefit the society. Before signing the Judiciary Act the founders wanted to go further than establishing a pyramid for the courts, they sent a draft for guidance. The few characteristics came from previous claims, one of the most uncomfortable features of the federal system were circuit riding in which the judges from the highest court to travel to different states to try cases. The circuit riding was basically a mirror match of the English courts, similarly the circuit courts were the major trial courts within the Federal Court System. Another issued faced by the system was the dealing of the single judge in the district courts. Through the time being the District Courts were “under limited jurisdiction over revenue, admiralty, and minor crimes” (Surrency, 7). Lastly, the distinction of between the Circuit Court and the Appellate Court, they both contained the same limited jurisdiction and could hear cases through writ of
In the early years of the eighteenth Century, the young United States of America were slowly adapting to the union and the way the country was governed. And just like the country, the governmental powers were starting to develop. Since the creation of the Constitution and due to the Connecticut Compromise, there is the Executive, the Legislative and the Judicial Power. But the existence of those powers was not always that naturally. In these crucial times, the Judicial Power had problems controlling the other powers. It was a challenge for the Supreme Court to exercise the powers granted by the new Constitution. Federal Government was not generally appreciated and its formation also caused many disagreements and debates.
In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.
In The Federalist No. 78, the conception of judiciary is introduced as a system of checks and balances to protect the civil liberties of the citizens from the other branches of government. At the same time, the judiciary concept is considered to have the least amount of power of the three branches. It is stated by Hamilton in this section of the Federalist Papers, “The Judiciary has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will” (The Federalist No. 78). The judicial system serves as a barrier in preventing the other branches of power from making decisions that infringe upon their
There are three branches of government in the U.S. There is the judicial branch, the executive branch and the legislative branch. The powers of the branches are all divided by the constitution which is called the separation of
The founding fathers of the American Constitution divided the government up into the following three branches to prevent the majority from ruling with an iron fist; legislative, judicial, and executive. The three braches were created by the Constitution: Article 1, Legislative branch made up of the House and the Senate, collectively known as Congress; Article 2, Executive branch, or President; Article 3, Judicial branch, made up of the federal courts and the Supreme Court. This was done in efforts to distribute power amongst the three so that one would not have more power than the other. Each branch has the ability to check the power of the other branches. This power check of the other branches is referred to as the checks and balances, better known as the Separation of Powers. This was to prevent tyriny.
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The first congress understood that case would be different so that there needed to be a three tier system. Where if the plaintiff was not in favor of the district court decision then they can it appeal to the circuit court and so on so forth. This established the last tier and delegated the remaining court which was the Supreme
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The history involving the evolution of the federal courts started around the Constitutional Convention in Philadelphia around 1787. It was decided that a “national judiciary be established”(pg65). There was the question of whether the federal court system should be separated from the state court system. This idea is what created “Anti-Federalists” who did not want the national government to destroy the liberties of individuals and threaten the strength of the state courts. The “Federalists” on the other hand ,wanted a strong national government so that it would provide for a new nation with a struggling economically and political unity. Through that Constitutional Convention, Article III was created to provide an outline of a federal judiciary. The power of the United States would be vested in one Supreme Court and such inferior courts.
The judiciary department's main function is the interpretation of law and the judging of laws given a present context and conditions. This department differs greatly from the executive and legislative branches, due to a lack of muscle that the executive branch controls and the use of money being restrained by the legislative branch, the judicial branch seems fairly un-forceful. However what may appear as a department lacking "force or will", beneath the surface the potential and the ability to judge and interpret law can not be under estimated. Hamilton in the federalist 78 document lays out the function and internal processes of the judicial branch in such a way that it appears as though all the branch can do is judge. Despite Hamilton's view of the judicial system, in recent times the courts have decided who shall be the next president and has has shown to posses the powers of the legislative branch. Hamilton said "The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
CIVICS AND ECONOMICS JUDICIAL BRANCH GUIDED NOTES I. The Federal Court System a. What Article of the Constitution outlines the Federal Judicial Branch? b. When was the Judiciary Act passed? i. What did it establish?
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.