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Separation of powers in the United States
Essay on Separation of Powers in the US Government
Marbury v madison essay for dummies
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Recommended: Separation of powers in the United States
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. It did not originally have the power of judicial review until
1803 in the case of Marbury vs. Madison (Young, 283), which then gave
the Supreme Court the power to interpret the Constitution and overrule
any law or action that was unconstitutional.
As part of the political system, the selection of judges has choice of
the President and confirmed by the Senate. Once appointed, federal
Judges are in the seat until they resign or die and are independent of
the President's influence. (Burns, 360-361) For example, the chief
justice of the United States is appointed and holds tenure for life.
He is one of nine Justices, and has the major role of interpreting the
Constitution. This allows the Supreme Court to strike down any law
passed in the country if, in the view of the Court, it is not
constitutional. (Burns, 371-372) The Constitution is very ambiguous in
the wording and gives the Court considerable room in the
interpretation, thus giving It power.
Other roles of the Court are to settle disputes between the President
and Congress, state and federal governments, and individuals against
both the federal and state government. The Court is also involved in
making public policy. One major decision has been abortion. This issue
is very volatile in American Politics. In Roe vs. Wade (Young, 74-78)
the Court laid out the guidelines on which circumstances it was
possible to terminate the fetus. Many other cases they have decided on
Under Article III of the Constitution the judicial branch was established, but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review. Chief Justice John Marshall, in his ruling of Marbury v. Madison, established the principle of judicial review advocated by Hamilton in the Federalist Papers. Originally designated as the weakest of the three branches in government by the framers of the Constitution, the Judiciary has accumulated an increase in political influence through judiciary review and has proven to be an essential institution in the separation of powers as well as an active participant in the system of checks and balances.
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 Judicial Branch in the United States, unlike most national Judicial systems, yields great political power and must be counted as part of the American Political system. Someone or some group must go to the court first; the court does not take the initiative.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
The United States Constitution is set forth in broad terms and grants the Supreme Court the power overturn laws they decide are unlawful or unconstitutional. In 1803 the Supreme Court established its power to declare laws unconstitutional in the Marbury v. Madison which achieved the system of checks and balances. With this power the judges have the last word of authority among all three branches of the federal government, they can set boundaries to their own authority as well. (http://www.supremecourt.gov/about/constitutional.aspx)
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively, the Supreme Court, the President, and Congress attempt to work in accord to run the three-pronged government of the United States.
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 United States Supreme Court is necessary for the American society to function well. In history, there were several great lawgivers. The framers of the American Constitution studied the great lawgivers and later came up with the highest court in the country, the Supreme Court. It decides on important questions that have implications for people living in the United States. This Court decides on big cases, some of which are highly publicized in news media outlets, resulting in great reactions from the citizens.
The judicial branch of governments overall purpose is to interpret the law. The Judicial Branch of government checks the power of the executive branch by vetoing executive actions. The Judicial branch keeps the legislative branch under control through the ability to declare anything the legislative branch does as unconstitutional13. In order for an issue to be brought before the Supreme Court, the problem must first qualify to be heard. An issue that mainly involves a state’s law will more than likely not be brought before the Supreme Court. An issue will only be brought before the Supreme Court if the problem is appealed to a certain point. When appealed through the rest of the court system, you must create documents that give all necessary
The American Legal System has not changed much since the 1930s. Race relations in America has to do with when people with different skin colors interacting with each other. Interactions between white people and black people have not alway been positive because the black people have alway been punished more than the white people. Although much has changed in the United States over the past 60 years, this country’s legal system has failed at providing justice for all people. Police Officer kill and arrest innocent black people in the USA everyday.
The Supreme Court was invented from Article III of the Confederation. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” [1] The Supreme Court consists of 9 justices. That includes 1 chief justice and 8 associate justices. The justices are nominated by the President and the number of justices is set by congress. The Supreme Court plays a big role in our government, it is the highest court of our land. It ensures that each branch does not over power another. It also ensures that the government does not pass laws that violate any of our civil rights. Supreme Court cases have an import role in our
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 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 Supreme Court is a very powerful part of the government. Because the Supreme Court is the highest federal court in the United States, they alone decide the meaning of the constitution. The Supreme Court has nine justices that decide the constitutionality of cases that petition them.The Supreme Court gets their power through “judicial review” which is the act of declaring IF a law or act of another branch is constitutional or not. The supreme court has had the power of judicial review since the case of Marbury v Madison. The power of judicial review came from the Supreme Court itself in a case called Marbury v Madison. Marbury v Madison gave the Supreme Court the power to void an act of Congress if it is inconsistent with the Constitution.
The American judicial process is one that is complicated. This is mostly due to the fact that when judgments are passed on any social issue whatsoever, there seems to be a public outcry. However, what people do not seem to realize in all of this is the mere fact that the legal system cannot work on its own as it needs the support of the United States’ citizens. When this is not the case, it will result in people suffering under the system whereby only a few people, in this case judges, have the mandate to decide what is right or wrong. In doing so there might be political actors, instigating such judgment, or the judges might act on personal intuition. Whatever the case, unless the citizens of the United States participate, the outcomes of any judgment are largely unknown.