The Judicial branch can also declare existing laws as unconstitutional. In conclusion, it seems clear to me that the Legislative Branch holds huge power, and in my opinion has the most power of the three. No other branch seems to screams out “We the people” like this one. No other branch offers so many checks and balances to the other branches. This is the branch that writes and passes our laws, can supersede even a presidential veto if it has enough unity from its members within.
Countless other examples exist to back up this claim, but it would be entirely too monotonous to go through them all. In conclusion, I feel we have shown that the Judiciary branch has evolved into an equally powerful branch of government as the Executive and Legislative. Through the use Constitutional interpretation the Supreme Court has proven itself to be an important policy making institution in the American political system. I sustain that the founders did not expect the Judiciary to become such a force in the policy making arena, but considering the way they set up the Constitution, I do not think they would be disappointed by the way the Judiciary has dealt with such controversial issues. It is my understanding that the Judiciary is just as an important branch of government as the Executive and Legislative, and that it has succeeded in the important duty of "checking" them as well.
The Relationship Between the US Presidency, The Supreme Court, Congress and the States When exploring the relationships between the three branches of government and the states, one must first define each branch, and then analyse this relationship. In order to do this, I will need to carefully compare and evaluate the constitutional powers and checks and balances placed on each branch within each state. This will lead me into discovering how these relationships operate in reality. The US President, often referred to as the ‘most powerful man in the world’ is frequently misunderstood by casual observers when the issues of his power and authority over the American country are addressed. However, his position of being the ‘most powerful man in the world’ is proved to be true when subject mater of foreign policies are dealt with rather than domestics.
The Supreme Court has a big role in American politics. Its role has to do with a couple of different things such as affirmative action, women’s rights, different cases like Brown v. the board of education, prestige, tradition, and respect. The Supreme Court is something that is held in a high place in politics, it is something that is there and people automatically respect the Supreme Court justices that are in the court system. They are held to a higher standard than anyone else in the country. The one thing about America is that what it is and means is all because of the Supreme Court.
However, The constitution and how it’s written have created confusions between the three branches and their powers. The framers of the constitution intent was to make all branches have equal power. In reality, the legislative branch seems more powerful than the other branches. The congress seems more powerful, since they can have the ability to approve or disapprove the war requests by the president. In addition, they can always increase or end the funding of the military.
The Political Supreme Court It is nearly impossible to avoid politics during the appointments of high profile positions; therefore, the idea that Supreme Court is above politics when referring to its appointments is giving to much credit to that entity. The appointments of the Supreme Court, as with any political body, correlate no only to the media's portraying, but also to interest group the President wishes to appease. A very recent example of the politics involved in Supreme Court appointments was the 2001 election. It was assumed that the next president would probably be making three new appointment to the Supreme Court. Because of this fact, the president could use this politial power to his advantage: that is to sway interest groups that had not previously supported him.
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position. The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution.
Exploring To Which Extent the Parliament is Supreme There are two sides to this argument, one obviously defending that Parliament is Supreme in the law making process, and has utmost authority, the other stating the constraints on Parliament and there it is not supreme. Within Britain, parliament is the supreme law making body. The idea behind this is that the people select parliament and, therefore, the people make the law. We describe this as PARLIAMENTARY SOVEREIGNITY, That is to say that Parliament is the highest power in the land, and shall not be challenged. An example that shows parliamentary supremacy is Cheney .vs.
This interpretation stands as the law until the court itself reverses it and deems it unconstitutional. As one can see, the court has immense power and influence on the country and public policy. Consequently, the justices that make up the court, as individuals, heavily influence public policy. The court has seen as little as six and as many as ten justices serving at one time, including a Chief Justice. Often viewed as the embodiment of the court, the Chief justice's personality, judicial outlook and intellect can mold the courts image in public opinion and set the tone for what decisions are made and how.
Sir Thomas Smith believes "the most high and absolute power in the realm of England consisteth in the parliament." Source 2 also shows the increasing power of parliament as a representative of England and the English people as "the consent of parliament is to be taken for every mans consent." John Pym was clearly trying to assert parliamentary rights that he says "have often been broken." Source 7 therefore gives his views on the Laws of England. This source shows the growing confidence of MP's as Pym believes no one should have to obey a monarch's order without the consent of parliament as this is "an ancient and fundamental law."