Regarding judicial review, Chief Justice John Marshall wrote in his opinion that, “It is empha... ... middle of paper ... ...es his point by saying that it does not specify the extent of those powers. Personally, I believe that judicial review is a necessity in order to preserve the constitution. Thus, I disagree with Gibson’s opinion. Although I understand the content of his words and why he believes them, but I think a very specific power such as judicial review is necessary to check the other branches. The judiciary cannot abuse the power but the legislative and executive branches can create laws that are abusive to the powers given to them by the constitution.
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 Judiciary act of 1789 established the order of three types of federal courts within the judicial branch; where the highest court is the supreme court, then circuit courts and at the base are district courts. The creation of the judiciary act demonstrates congressional power over the structure of the federal courts of which the judicial branch consists of. Although, the Constitution established the Supreme court as the highest judicial court of the U.S., Congress has the power to establish inferior courts, as validated in the Judiciary Act of 1789, giving Congress a great deal of influence over how the judicial branch operates. the Civil Rights Act passed by Congress in 1964 prohibits segregation in public places, businesses, and requires the integratio... ... middle of paper ... ...nd balances. The Congressional power to make laws impact how and what laws are enforced by the executive branch and are interpreted by the judicial branch.
In the early decisions of the Court, with the notable exception of Marbury vs. Madison , the Marshall Court ruled heavily in favor of an expansive view of the tenth amendment and granted the states as much latitude as possible within the framework of the new constitution. Many of the Marshall Court's decisions were regarded with contempt since they ran contrary to the Hamiltonian flow of public opinion. Like a child beginning kindergarten, the government was just starting out, just beginning to explore new areas. The states were accustomed to their independence and their individual constitutions. The imposition of a federal government, although not entirely unwelcome, was at best uncomfortable.
In addition, the president checks the power of the judicial branch, as shown in Article II of the U.S. Constitution: “ […] he shall nominate, and by and with the Advice and Consent of the Senate, […] Judges of the supreme Court […] (U... ... middle of paper ... ...departments have distinguishing powers, though each one restrains the others from obtaining too much authority. With this controlled government, the United States of America has prospered since the Founding Fathers composed the Constitution 225 years ago. Works Cited Deverell, William, and Deborah G. White. "The Constitution of the United States." United States History: Beginnings to 1877.
Transition- Now that we have discussed the law makers and enforcers, let’s now move into the branch of government who evaluates and interprets our constitutional rights, the judicial branch. C. The judicial branch. 1. The judicial branch consists of the Supreme Court and other various courts system at the federal, state, and local level. As I mentioned before the Supreme Court Justices are nominated the President of the United States, but the Senate must also approve them with at least 51 out of the 100 possible votes (“Branches of Government”).
Through the vesting clause of Article II- paragraph one- executive power is placed exclusively in the President’s hands. Article II-Section III authorizes the President “… to give Congress information of the State of The Union and recommend to their consideration such measures as he shall judge necessary and expedient”, known commonly as the annual The State of the Union address. Through the State of the Union address the President demonstrates another important aspect of h... ... middle of paper ... ...uing Executive Orders that are backed by the force of said laws. The President still supervises the implementation of laws by directing administrative agencies, such as the Department of Interior and the Department of Defense. The President’s responsibilities have remained the same since 1788, yet they have been added to with every newly elected President.
If the party is not pleased with that decision may appeal the case. From there, it is heard by an appellate board. If the party is still displeased, they can request that it be appealed a second time and it is then moved to federal court (Beatty, Samuelson, Bredeson 68). Regardless of where power is stored, no law trumps the United States Constitution. This separation of powers within our government allows for each branch to act as a check to the other, allowing no one branch to ever have complete power.
It explains the meaning of the Constitution and the laws that have been passed by Congress. The Supreme Court decides and rules whether or not something is permitted by the Constitution; constitutional or unconstitutional. There are nine Supreme Court Justices, or judges that are nominated by the President and approved by the Senate. They have no
The Framers “had experience with a centralized authority, the English Crown, and found it arbitrary and unjust” (Feldmeier & Hall, 2012). To prevent the U.S. from a centralized authority, it was very important to design the U.S. Constitution with a Separation of Powers. #2. (Chapter 3) Define and explain stare decises and its application by the Supreme Court and Lower Courts. “Stare decices is the doctrine that judicial decisions stand as precedents for cases arising in the future” (Feldmei... ... middle of paper ... ...unity by favoring retired state employees over retired federal employees.