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What is the primary constitutional task of the vice president, besides succeeding the president in
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The president is given the powers to: serve as the commander in chief of all U.S. armed forces, commission officers of the armed forces, grant pardons and reprieves from Federal offenses with the exception of impeachments, hold special sessions of Congress, receive foreign ambassadors, ensure Federal laws are executed, wield the “executive power” and appoint officials to lesser offices. The president shares the following powers with the senate: the ability to make treaties and appoint ambassadors, judges and higher officials. Both the president and Congress have the ability to approve legislation. eliminate and why? The original cabinet members under George Washington were: the vice president, the secretary of foreign affairs, secretary of …show more content…
Supreme Court is the highest federal court relative to circuit courts. As a result of this status, the Supreme Court essentially has the final say when it comes to any division involving the court. The Supreme Court also is given the power to judge whether federal, state, and local governments are properly abiding by the law. According to civilrights.org, 2/3 of the cases the Supreme Court dealt with were appealed from lower federal courts and 1/3 were appealed from state supreme courts. Judicial review is the doctrine that allows the U.S. Supreme Court to review the constitutional validity of a legislative act. The concept of “judicial review originated far before it was instituted in the U.S; it began in Great Britain. In 1803 with the landmark case, Marbury v. Madison, the U.S. Supreme court affirmed the doctrine of judicial review. As a result, the Court became the chief interpreter of the Constitution. The idea of judicial activism is that Supreme Court judges have the right to essentially “creatively” interpret the Constitution in order to align with their own ideas about the needs of contemporary society. The idea of judicial restraint is the opposite—judicial restraint refers to the idea that the judges’ own philosophies should not play a role into the decision and judges should make their decisions based on the text and facts
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
The President of the United States is instrumental in the running of the country. He serves as the chief executive, chief diplomat, commander in chief, chief legislator, chief of state, judicial powers, and head of party. Article II of the Constitution states that the President is responsible for the execution and enforcement of the laws created by Congress. He also is tasked with the authority to appoint fifteen leaders of the executive departments which will be a part of the President’s cabinet. He or she is also responsible for speaking with the leaders the CIA and other agencies that are not part of his cabinet because these agencies play a key role in the protection of the US. The President also appoints the heads of more than 50 independent
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life,and thus whose decisions shape the lives of "We the people" for a long time to come.
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.
This position requires the management of the Country by implementing the laws, nominations of officials, grant pardons, serve as Commander-in-Chief of the military, veto lows passed by Congress, and negotiate treaties. The President is also responsible proposing yearly budgets and helping boost economic development. The many divided tasks between Congress and the Presidency has made it
The difference between Judicial Activism and Judicial Restraint is that Judicial Activism courts interpret the law loosely and will create a new precedent if need be, especially when pertaining to cases dealing with civil rights and social welfare. Judicial Restraint courts take the law strictly and make their decision based on how the law is stated in the Constitution.
as it does supporters. But, if we do not allow the Supreme Court to translate
Supreme Court Justices demonstrate judicial restraint when they refrain from acting as policymakers, deferring to the legislative and executive branches of the federal government, as long as the policymakers stay within the boundaries as established by the United States Constitution. Stare decisis, a legal principle where precedent decisions are followed, plays a major role in judicial restraint. The current Chief Justice, John Roberts Jr., showed judicial restraint in his majority opinion in National Federation of Independent Business v. Sebelius (2012) (Root, 2012). In this opinion, Chief Justice Roberts clearly explains judicial restraint: “Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices” (National Federation of Independent Business v. Sebelius,
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)
Judicial restraint is loosely defined as decisions or judgements that take a narrow interpretation of the constitution. It reflects a respect for the law as it has been enacted by the Legislature. Rather than creating new laws from broad interpretations. For myself, it is somewhat harder to distinguish what judicial restraint is. An example of judicial restraint would be the 1996 case of Bowers v. Hardwick. Hardwick was charged with violating the Georgia statute of sodomy by committing a sexual act with another male in the bedroom of his home.
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
The term ‘judicial activism’ means a court decision suspected of being built or based on individual, political or private reflections instead of the actual law. In America, judicial activism is considered either as conventional or as plentiful. The original retro of American legitimate antiquity was categorized by traditional justice involvement where the Central Supreme Law court was reluctant to allow the conditions or the assembly to permit lawmaking that would control social or financial businesses. Judges should not read between the lines or add their own experiences when it comes to determining what the verdict will be. The United States Constitution is direct, with plainly written sentences and all judges should follow those guidelines.