Judicial branch of the American Government
I decided to write about the judicial branch of American Government.
The judicial branch of government is made up of the court system. The Supreme Court is the highest court.
Judicial power is one of the three main branches of government and its task is to apply and interpret laws passed by the legislature.
The Judicial Branch makes sure that the nation’s laws are fairly applied. So it means that every person is treated the same way. The Federal government is a government with strong central powers. A Federal court is established under the Constitution of the United States. The Federal courts are divided into three levels which are Supreme Court, Appeals …show more content…
Court and District Courts. Jurisdiction is a authority to hear the decide the case. There are eight types of cases in which the federal courts have jurisdiction:
1. The Constitution
2. Federal Laws
3. Deputies between the states
4. Citizens from different states
5. The Federal Government
6. Foreign Government and Treaties
7. Admiralty and Maritime Laws
8. U.S Diplomats
There are two different type of Jurisdiction: Exclusive & Concurrent
The Exclusive Jurisdiction
-Only Federal Courts may hear and decide cases.
-Federal and State courts.
Concurrent Jurisdiction
-Both Federal and state courts have jurisdiction.
-Applied when citizens of different states are involved in a dispute concerning at least $50,000
In the United States, the judicial power is separate from the other two and is in the form of the Supreme Court.
The Court was established by Article III of the Constitution and also other Federal courts were created by Congress. Courts decide arguments about the meaning of laws, when and how they are applied, and whether they break the rules of the Constitution.
Some theorists argue that the executive has an impact on the U.S. Supreme Court as the president of the United States personally selected judges then choose the judged that have the same ideas as them. The president would pick a judge that belongs to their political parties. A practice called Senatorial Courtesy is followed by the president. The President presents the judge’s name first to the senators from the candidate state, before showing to the entire state for the approval. However, the counterargument that the President has the right to elect a judge only when one of them dies so judges and justices serve no fixed term which means they serve until their death, retirement, or conviction by the Senate, and the judges who work in the United States Supreme Court for life and work is not entitled to dismiss the judges they work for. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
For example, in a liberal democracy where there is mixing of levels in the United Kingdom.
Specifically, the Government of the United Kingdom there is a place for the Lord Chancellor, who is the oldest political body in the country which was established within 1066th year, and probably earlier. The problem is that he is the head of the judiciary that has the right to appoint and dismiss all judges in the state, seated in the House of Lords - the upper house of parliament (legislature) and has a place in the government (the executive). Theoretically, he has more political power than the Prime Minister and of course has a higher salary. The British political problem troubling the public for some time. United Kingdom, as one of the first liberal democracy itself should not be allowed to mix. However, since the British traditionalists this problem is easily solved by the same problem existed with the adoption of euro. In June 2003. The Tony Blair, then Prime Minister of the United Kingdom, has announced it will abolish the office of Lord Chancellor and his place will set the British Supreme Court. Were counter-tradition, high costs for the construction of the Supreme Court and so …show more content…
on.
Executive and Legislative branches are elected by the people and members of the Judicial Branch are appointed by the President and confirmed by the Senate, that’s difference between them.
The Judicial Branch, the supreme law of the land charged with maintaining a watch over the Constitution, consists of the various Federal Courts found in 50 states of the Union and the highest court, the Supreme Court, in Washington D.C. The imperative role of this branch of government is thoroughly researched in this informative production.
The Supreme Courts responsibility is to interpret all laws and ensure that they do not conflict with the founding principles of the Constitution. Examine numerous landmark cases including Marbury v. Madison, McCulloch vs. Maryland, and Gibbons v. Ogden. The challenges faced by the Judicial Branch over the history of the United States are fascinating and crucial to complete understanding of the American political system.
The Constitution does not stipulate the number of Supreme Court Justices because the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.
The Court's caseload is almost entirely appellate in nature, and the Court's decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law.
However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states.
Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.
The subpoena is a written command to a person to testify before a court or else he would be punished.
A docket is a court’s calendar that shows the schedule of cases is to hear. An US attorney is considered to be a chief’s lawyer of the US government. He or she serves the pleasure of the President, and he can be removed anytime by the President. He is a head of the US Department of Justice.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:
*A guarantee that no person shall be deprived of life, liberty, or property without the due process of
law
*Protection against being tried for the same crime twice called double jeopardy
*The right to a speedy trial by an impartial jury
*The right to cross-examine witnesses, and to call witnesses to support their case
*The right to legal representation
*The right to avoid self-incrimination
*Protection from excessive bail, excessive fines, and cruel and unusual punishments
*Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer.
The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.