The Supreme Court

The Supreme Court Compendium. 2nd edition. Washington DC Congressional Quarterly Inc. DeLeon, Angelo, Weddle H. Garry. (1999). A Summary of U.S. Supreme Court Decisions for the Criminal Justice Community.

HANCOOK,Barry, SHARP,Paul. Criminal Justice in America; theory, practice, and policy. second edition. Prentice-Hall, Inc. Upper Saddle River, NJ. 2000.

Retrieved Saturday May 1, 2004 from the World Wide Web: http://www.cnn.com/US/9911/02/miranda.warnings.01/ 2. Ivers, G. (2002). American Constitutional Law: Power and Politics. Boston: Houghton Mifflin. 3.

The Constitution enumerates the duties and responsibilities of the respective branches of government in the relevant Constitutional articles. Article I states, “All legislative Powers herein granted shall be vested in a Congress of the United States” (Constitution, Article I Section 1). This separates the legislative power from the other two branches as Congress – alone – holds all legislative powers. Article II states, “The executive Power shall be vested in a President of the United States of America” (Constitution, Article II Section 1). Thus, the Executive branch – previously denied legislative powers – finds itself vested with the executive power exclusively.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people”(10th Amendment). Althoug... ... middle of paper ... ...g doesn’t end there, in 1985 a case arose called Garcia versus Santonio Metropolitan Transit Authority decision. The U.S Supreme Court would direct all Congressional Legislations in matters traditionally reserved to the states. This case resulted in a concept known as Representational Federalism. Representational Federalism is the “assertion that no constitutional division of powers exists between the nation and states but the states retain their constitutional role merely by selecting the president and members on the Congress”.

The members of the Revolutionary Command Council assume full immunity and nothing can be taken against any member without a majority vote from the council. There is also a National Council made up of representatives from different sectors, who ratify laws made by the president. Iraq also has a judiciary branch. Our First Amendment guarantees freedom of speech and freedom of the press. The Iraqi Constitution guarantees freedom of opinion, political parties , press and syndicate, within the law, only if it follows "the Revolutionary, national and progressive trend."

Thomas R. Dye defines federalism as "a division of power between two separate authorities—the nation and the states—each of which enforces its own laws directly on its citizens" (Dye, 1999, p.98). When the U.S. Constitution established the federal government in 1787, it only exercised limited or enumerated powers, such as making treaties and printing money. The Tenth Amendment of the Bill of Rights, ratified in 1791, clarified that all other powers belonged to the states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people," (U.S. Const., 1791, Amend. 10).

It is stated in Marbury v. Madison that, “The power remains to the legislature, to assign original jurisdiction to that court in other cases than those specified in the article which has been recited; provided those cases belong to the judicial power of the United States,” (Marbury v. Madison). Ultimately, Marbury v. Madison declares that “the power of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written,” (Marbury v.

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.

This decided that legislature would be bicameral, which meant that there would be two houses: one would have equal representation and one would be based on state population. This unified the states under a federal system. To this day, there are three types of Fe... ... middle of paper ... ... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law.