Judicial Branch Importance
analytical Essay
1594 words
The Judicial Branch is one of three branches of government that play a crucial role in the United States. Not only is it responsible for protecting and carrying out the textual and living form of the Constitution, but also insuring that we, as citizens, are not being violated by the laws that are established. Although checks and balances are present to ensure that the judicial branch, legislative branch, and executive branch don’t become to powerful over the other, each is still very susceptible to political forces; and this includes the judiciary branch. The Judicial Branch is responsible for several things; interpreting federal laws and the U.S. Constitution, resolving legal disputes, trying criminal and civil cases, determining guilt/innocence/degree of culpability/etc., imposing sentences and other legal punishment, protecting individual constitutional rights, consider writs/motions/other legal actions, managing the docket and judicial caseload, and checking the power of the legislative and executive branches. As it comes to the Supreme Court, there is one Chief Justice and eight Associate Justices, which are nominated by the President and confirmed by the Senate (The White House). And because the President is able to pick the judge they want to serve, more than likely they are going to represent their own viewpoints. It has been noted in the past that it is very rare to nominate a judge from a different political party than the President’s because one wants their party to have more power/influence over the other; they want to have more seats. As stated in “Nomination Process for Federal Judges/Supreme Court Justice: The President’s Role,” “Overall, about 90 percent of judicial appointments since the time of Franklin Ro... ... middle of paper ... ...mething that displays the importance between Marbury v. Madison and U.S. v. Nixon was that, “In reaching its decision, in this case, the Supreme Court drew upon the famous statement of Justice John Marshall in Marbury v. Madison, 1803: “It is emphatically the province and the duty of the court to say what the law is” (Guidance Associates). And judicial review has played a significant role in this by allowing courts to have the power to fully enforce the Constitution to protect the public. Checks and balances played a significant role in both Marbury v. Madison and U.S. v. Nixon; without the Constitution and its powerful influence in Marbury v. Madison, such examples from U.S. v. Nixon would not have been in existence. These cases are significant still to this day because it insured that the Constitution fully became the “law of the land,” and continues to do so.
In this essay, the author
- Explains that the judiciary is one of three branches of government that play a crucial role in the united states.
- Explains that the judicial branch is responsible for interpreting federal laws and the u.s. constitution, resolving legal disputes, trying criminal and civil cases, protecting individual constitutional rights, and managing the docket and judicial caseload.
- Explains that the constitution doesn't say anything about the qualifications of the supreme court members, so the president is bound to use the same criteria as they do when they make other appointments.
- Opines that the constitution has done its best to ensure checks and balances are applied even as it comes to nominations for the supreme court by having the president and senate involved.
- Explains that stare decisis and precedent play crucial roles in judicial decision-making in the american system, as they promote certainty in our legal system and prohibit judges from using their own logic.
- Explains that stare decisis promotes evenhandedness, predictable and consistent development of legal principles, fosters reliance on judicial decisions, and contributes actual and perceived integrity.
- Explains that stare decisis is somewhat weakened in courts due to the fact that higher courts are capable of overturning their own decisions.
- Argues that judicial rulings are based on personal views or political aspects rather than an existing law, which plays a crucial role in how stare decisis and precedent play out in later cases.
- Explains that stare decisis and precedent are still highly debated topics in today's society. it rely on past cases to help with a decision and takes the political thinking out of the way.
- Opines that marbury v. madison and u.s.
- Analyzes how marbury v. madison shows the political dilemma between the judicial and executive branches of government. judicial review allows the supreme court to determine the constitutionality of all laws.
- Analyzes how nixon abused power and broke the law in u.s. v. nixon regarding the watergate scandal.
- Opines that no court decisions such as u.s. v. nixon could have been reached without marbury
- Analyzes how chief justice marshall established the judicial branch as an equal partner with the executive and legislative branches within the developing system of government.
- Analyzes the importance of judicial review in marbury v. madison and u.s.
- Explains that checks and balances played a significant role in both marbury v. madison and u.s.
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- Analyzes how the supreme court ordered james madison to show cause for why a writ of mandamus should not be issued to deliver the documents.
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- Argues 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.
- Explains that john adams, the previous federalist president, lost the election of 1800 to thomas jefferson, a democratic-republican. the dispute between marbury and madison sparks the famous case.
- Opines that if marshall's actions were iconic, he would have been credited with the creation of judicial review.
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- Opines that the book "marbury v. madison and judicial review" by robert lowry clinton is unenjoyable since it is a topic i have little interest in.
866 wordsRead More - Marbury vs. Madisonargumentative essayThe importance of Marbury is the guess of several powers by the Supreme Court. One was "the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution." But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. the Supreme Court became in fact as well as in theory an equal partner in government, and it has played that role ever since.
In this essay, the author
- Explains that under the administrations of washington and his successor, john adams, only members of the ruling federalist party were allowed to be on the bench.
- Explains that the new chief justice, john marshall, understood that if the court awarded marbury a writ of mandamus, the jefferson administration would ignore it and this would weaken ity of the courts.
- Analyzes how jefferson declared that madison should have delivered the commission to marbury, but then held that the section of the judiciary act of 1789 that gave the supreme court the power to issue writs of mandamus exceeded ity allotted the court under article iii
- Explains the importance of marbury, citing the supreme court's power to declare congress' acts unconstitutional if they exceeded the powers granted by the constitution. the court became an equal partner in government.
- Explains that the court would not declare another act of congress unconstitutional until 1857, and it has used that power sparingly.
- Recommends george l. haskins and herbert a. johnson, foundations of power: john marshall, 1801-1815, and donald o. dewey, marshall v. jefferson: the political background of marbury
- Explains that "jeffersonians" and "republicans" refer to the adherents of the same party, the party of thomas jefferson and james madison.
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In this essay, the author
- Analyzes the case of marbury v. madison, which centers on a case brought before the supreme court by william marshall.
- Explains that the supreme court had to answer several questions, including whether or not marbury had a right to the commission and whether the law gave him remedy.
- Analyzes how the supreme court denied marbury's request for the writ of mandamus. the constitution does not specifically grant the judiciary this power. chief justice marshall ruled that the judiciary act of 1789 was unconstitutional.
- Explains that mcculloch v. maryland involved a cashier at the baltimore branch of the second bank of united states. the law required all banks operating within maryland that were not chartered by the state to pay taxes.
- Explains that congress had the implied power to create a national bank under article i, section 8 of the consitution. the court ruled that maryland's law was unconstitutional and therfore void.
- Analyzes the significance of the constitutional convention's "necessary and proper" clause, which expands congress' implied powers.
- Explains that marbury v. madison established the concept of judicial review that strengthened the ability of the judcicary to act as a check against the legislative and executive branches.
989 wordsRead More - Marbury vs Madisonanalytical essayAs the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the “edifice of the National Government” believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as “Supreme law” of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well as firmly grounding the role of the Judicial Branch.
In this essay, the author
- Analyzes how marbury vs. madison established the constitution as "supreme law" of the united states, enhancing its independence and proving it a nonpartisan instrument.
- Explains that adams was determined to keep the federalists in office, but in a "midnight appointment" he created the judiciary with 'a stronghold of federalism'.
- Analyzes how marshall was determined to assail upon jefferson and used this case as an excuse, especially because of the abolition of circuit courts and the postponed supreme court hearing.
- Explains that marshall was thrown into a position that would shape the future power of the supreme court. his only option was to issue the writ requested by madbury, which was an act of contempt toward the executive branch.
- Explains that marbury was entitled to his commission and madison's acts were a violation of the law, but the supreme court couldn't authorize writs. marshall backed this weak argument up with section 13 of 1789.
- Analyzes how marshall's idea of judicial review has become the most distinguishing trait of the american constitutional system and a precedent of power in the judiciary today.
922 wordsRead More