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Importance of the supreme court
What was the role of the supreme court
Importance of the supreme court
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The Judiciary is not only a branch but a system of courts that interprets and applies the law in the name of the state. The judiciary system also provides a mechanism for the resolution of disputes. In some places across the globe the judiciary branch does not make the law nor enforce the law, instead they interpret the law and apply it to each individual case that it needs to be applied to. The Judicial branch of our government is not only the Supreme Court but also the federal courts. One of their many jobs is to explain the laws and figure out if it is a part of the constitution. According to Article III of the Constitution of the United States it says and I quote, “Every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers.” So this is another reasons why we have the judicial system in place so that everyone has a fair chance, in a court of law. These are just some of the things that the judiciary system Another interesting piece of knowledge about the Judicial branch is that unlike the Executive and Legislative branches the judicial branch members are appointed by the President of the United States. However, the senate has to approve and elect who the President appoints. While the other branches are picked by the people. A major part of the Judicial Branch is the Supreme Court of the United States. The Supreme Court has the most power out of all the other courts in the nation. Some of the powers the Supreme Courts have is that the Court’s decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or from federal courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states. Those are just some of the many powers The supreme court
The legislative branch holds the budget for the country and creates the laws in which the citizens must abide by. The judiciary, he says, will have no power over the executive and legislative branches. He also writes that it cannot move forward the society in wealth and in strength, and cannot resolve any active problems that the country is facing in any circumstances. According to Hamilton, the judiciary could be said to have “neither force nor will, but merely judgment,” and that it must depend on the executive branch, even to make their judgments more effective.
One of the Judicial Branch’s many powers is the power of judicial review. Judicial review allows the Supreme Court to decide whether or not the other branches of governments’ actions are constitutional or not. This power is very important because it is usually the last hope of justice for many cases. This also allows the court to overturn lower courts’ rulings. Cases like Miranda v. Arizona gave Miranda justice for having his rules as a citizen violated. The court evalutes whether any law was broken then makes their ruling. Also, the Weeks v. United States case had to be reviewed by the court because unlawful searches and siezures were conducted by officers. One of the most famous cases involving judicial review was the Plessey v. Ferguson
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
The judiciary branch is the seen as the “least dangerous” branch; therefore, it will not be able to attack the way the other two branches can and it cannot defend itself against attacks. The judicial branch is only seen as one that can pass judgment on cases that are either constitutional or unconstitutional, but it cannot act on it; therefore, the reason they are seen as less dangerous and cannot compare to the power that the executive and legislative branch have. They have to hear appeals,
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
The Role of Courts in American Politics The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, "The judicial power of the United Statesshall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court was initially set up as a part of the separation of powers in the American political system.
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
The Judicial Branch consists of the United States Supreme Court and the lower federal courts. Their role is to hear cases that challenges the legislation or are in need of interpretation of that legislation. (Phaedra Trethan, 2013) (Federal Government, 2003) (Sparknotes, LLC, 2011) (Independence Hall Association, 2008-2012)
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
The federal courts system consists of the highest court, which is the U.S. Supreme Court. Congress has three basic responsibilities under the Constitution that determine how the federal courts will operate. First, it authorizes the creation of all federal courts below the Supreme Court, defines the jurisdiction of the courts, and decides how many judges there should be for each court. Second, through the confirmation process, the Senate determines which of the President's judicial nominees ultimately become federal judges. Third, Congress approves the federal courts' budget and appropriates money for the judiciary to operate. The judiciary's budget is a very small part about two-tenth...
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
The criminal justice system, like any system designed by human beings, clearly has its flaws. (Ben Whishaw). There has been numerous occasions that have showed the flaws of our justice ststem from convicting a person of a crime in ehich they did not commit, to the wrongfull execution of an innoncent person. Although the United States justice system was created to serve and protect the American people being fair to all, it continues to show evidence of the flaws within the system.
There is a Centuries long debate as to why our Nation’s Founding Fathers chose for us to be ruled under rule of law instead of rule of man. Our Founding Fathers founded this nation on a promotion “We the People”. They ruled that we should be led under the rule of law rather than the rule of man for multiple reasons. Our government now though is stipulating whether or not the old American government made the right choice, when compared to other foreign countries. At the beginning of our country the Constitution was not meant to be read as a collection a suggestions rather as a way to get men away from their old tendencies. Those were the days where the rights of the average man were the top priority of the government. Today however we need to remember that the rule of the law is supposed to focus on the rights of the citizens and not on who is wearing what in Hollywood. Over the years we have ruined our government, even Woodrow Wilson said, “I have unwillingly ruined my government.” The factors now included in Rule of Law are a little different from they were 250 years ago. To find out why the Founding Fathers Chose Rule of Law we need to look at several reasons why our nations’ officials like or don’t like the rule of law. We must also look at whether the factors are too much at this point for our nations to change and go another way with our leadership and the way we run our country.
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
American courts play an essential role in our justice system. America has a dual court