Preview

Independent Judicial Branch

Good Essays
Open Document
Open Document
1058 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Independent Judicial Branch
"Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges."said by Sandra Day O'Connor, former associate justice of the supreme court. The judicial branch translates the importance of laws, applies laws to induvial cases, and chooses if laws disregard the constitution. This legal branch is involved the supreme court and other government courts. Even though people argue that the judicial branch has too much power, the Supreme Court should still have the ability to declare laws passed by congress unconstitutional …show more content…
Judicial review is the power they have to see if the laws and actions of the government are constitutional. If they decide that it is "null and void" then the law may not be enforced. In 1803, during the last weeks of john Adams presidency he appointed eight-two federalist people to office know has the "midnight judges". Thomas Jefferson soon became president and not all the appointees got the right papers which means couldn't take the job. Then ordered his secretary of state, John Madison, not to give the appointed judges there papers.William Marbury one od the appointees took it to supreme court because of the judiciary act of 1789 said he had the right to.They ruled or the opinion of the court was that he did have the right to his job but the judiciary act was unconstitutional.Part of the judiciary act that was passed by congress was ruled unconstitutional. By ruling part of the laws passed by congress unconstitutional the supreme court assumed he power of the judicial review. This famous case was known has Marbury v. Madison.The supreme court has acquired the judicial review and should keep the powers to make sure the laws are …show more content…
They are appointed by the president and gets to serve for life. People would want to chose who there own supreme court justices are. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. Finally they will have more wisdom and experience with being a judge because they are running for life. The judicial branch lays a major part of our national government, security and rights of our

You May Also Find These Documents Helpful

  • Good Essays

    Marbury Vs. Madison Case

    • 629 Words
    • 3 Pages

    . Judicial review is usually associated with the U.S Supreme Court and is processed by most state and federal courts of law in the United States. Judicial review also determines whether or not state statues and state executive acts are valid. Judicial review came to part in 1803 where the Marbury VS Madison case was going on it was the first time they ruled the congress unconstitutional. The exercise of judicial review is about the important rules of judicial self-restraint which also allows the burden of proof to be…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Framers of the United States Constitution vested immense power in the judicial branch of the government. Over the years, the highest Court of the land, the United States Supreme Court, has ruled on a multitude of cases, making new laws and setting precedence. The American people deem the judicial body supreme and, perhaps irrationally, trust they will interpret the Constitution more accurately and ethically compared to the executive and legislative branches. However, decisions of the courts are not purely legal, but rather a synthesis of attitudinal, legal, and strategic processes.…

    • 802 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The pros of lifetime of judges in the Supreme Court are that they do not have to worry about the political pressure or to contribute with money for any political campaign. “The basic purpose of lifetime appointment is to assure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executive branch”. (laws, n.d.). In addition, there are judges in the Supreme Court that worries about make a fair system…

    • 239 Words
    • 1 Page
    Good Essays
  • Good Essays

    In the early national period, the judiciary was the weakest of the three branches of government. When Chief Justice John Marshall established the principle of judicial review in MarburyMadison by declaring an act of Congress unconstitutional, he greatly strengthened the judiciary. Even though the high court exercised this prerogative only one other time prior to the Civil War (Dred Scott v. Sanford), the establishment of judicial review made the judiciary more of an equal player with the executive and legislative branches.…

    • 325 Words
    • 1 Page
    Good Essays
  • Good Essays

    Nfib vs. Sebelius

    • 888 Words
    • 4 Pages

    When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of government. As Hamilton pointed out in Federalist 78, the judicial branch “will always be the least dangerous to the political rights of the Constitution” because it “has no influence over the either the sword or the purse, no direction of either the strength or the wealth of society, and can take no action whatsoever.” He says the Court does not have “FORCE nor WILL, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments” (Fed. 78). The Court has the authority to say whether a law is constitutional, and Marshall gives himself that final authority without addressing enforcement, because the power to enforce belongs to the executive. The Court simply writes the opinion.…

    • 888 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Law Quiz Chapter 1

    • 303 Words
    • 2 Pages

    Judicial review refers to the power of district courts to declare a statue or governmental action unconstitutional and void. False Page 110…

    • 303 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Since the days of Chief Justice John Marshall, The Supreme Court has been the arbiter of constitutionality among the three branches of government. Through this judicial review, The Supreme Court has become the bastion of The Constitution. In the current case of Zivotofsky v. Kerry, the very checks and balances that hold the triarchy of American government stable are bearing inspection. Fomented in a small passage of the Foreign Relations Authorization Act in 2002 with, “for purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel”…

    • 735 Words
    • 3 Pages
    Good Essays
  • Better Essays

    It is defined as the least “powerful branch.” In Federalist No. 78, Alexander Hamilton said, that the courts had “neither force nor will, but merely judgment.” Despite his opinion, the judicial branch managed to gain respect and power throughout the years. Despite one’s opinion of the judicial branch, it is a part of the checks and balances system, an important component that was designed to prevent any…

    • 1215 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Three Government Branches

    • 456 Words
    • 2 Pages

    The Judicial Branch explains the meaning of the Constituion and laws confirmed by Congress through court cases. The Supreme Court is the head of the Judicial Branch. The Supreme Court rules usually when something is constitutional or unconstitutional. On the Supreme Court there are nine judges: eight associate judges and one cheif judge. The judges are submitted by the President and authorized by the Senate. There are no term limits. The Supreme Court is the highest court in the U.S. It's rules and decisions are final. There's no argument, no other court could ever overrule those…

    • 456 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Judicial review gives the United States Supreme Court the power to review the legality of certain laws that were passed by the legislative branch (“Judicial Review”, n.d.). Using judicial review, the United States Supreme Court can determine the constitutionality of the particular law that was passed by Congress. If the United States Supreme Court finds that a law is unconstitutional, then that law is ineffective and cannot be enforced on the…

    • 499 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The judicial branch of government interprets laws and administers justice. The judicial branch of government was established by Article lll of the Constitution along with other Federal courts created by Congress. This branch came about when statesmen who met in Philadelphia were followers of Montesquieu's concept that powers in politics should be balanced. John Locke's writings supported and made this principle stronger, this led to the judgment that there needed to be three equal branches of government, the executive, legislative, and the judicial branch.…

    • 656 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time, through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison,1803 laying the foundation for the Court's ability to render its decisions about laws and actions was indeed a landmark judgement which established the power of judicial review and established one of the cornerstones of the American constitutional system.…

    • 554 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Judicial branch is one of the three branches of the federal government. This branch includes criminal and civil courts and helps interpret the United States constitution. At the constitutional convention of 1787 the birth of the judicial system was born and soon after became adopted to the future of the federal government judicial system. Because of this, the convention it went down in political history and showed the United States how organized and prepared the government was when it came to the court system. But despite the fact that the government was prepared there is a slight controversy that the Judicial branch happens to be the most powerful branch out of the three. What is your belief on the ability and capability of the judicial…

    • 930 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judicial Branch Essay

    • 699 Words
    • 3 Pages

    The second branch established by the Constitution is the Executive Branch, so done by Article II. The Executive Branch is responsible for enforcing laws, which have been enacted by Congress, and is headed by the president. The third branch, established by Article III, is the Judicial Branch, responsible for interpreting the Constitution and other federal law, and trying civil and also criminal cases. The greatest power had by the judicial branch is arguably the power of Judicial Review. Judicial Review is the power the judiciary holds to determine constitutionality of laws enacted by the congress. This power is not enumerated in and given to the judiciary by the constitution, instead it exists only because of a ruling of this same branch not made until 1803. The Supreme Court decision of Marbury v. Madison established the high court and lower courts’ power to review legislation for the purposes of determining constitutionality (Cranch). Because this power is only held because of a ruling by itself and not because it was assigned by the constitution, the judicial branch is therefore inherently the least…

    • 699 Words
    • 3 Pages
    Good Essays
  • Better Essays

    "[The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later, in article 3 section 2, the Judicial branch is granted power that “extend[s] to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” The Judicial branch has explicit power to interpret the intent of past laws, treaties made, and…

    • 1390 Words
    • 6 Pages
    Better Essays