Judiciary Branch
The Least Dangerous Branch in U.S. Government
The judiciary branch of the United States’ government is comprised of a system of courts, on both federal and state levels, which are used to bring justice to cases between citizens of the States. The power of judicial review gives the courts the authority “to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional” (Ginsberg). It’s interesting that the branch that works to uphold the laws of the U.S. Constitution is sometimes viewed as the “least dangerous branch” of our Government. Referring to writings such as Federalist 78 (by Alexander Hamilton) and Brutus 12 (by James Madison), clears up exactly what the judiciary was set up for, why it is important to have in our Government system, and how it might affect the other branches, the executive and legislative. It is clear while reading the works that the two writers have opposing views. Therefore, it is crucial to study both works and compare their ideas to our current Judiciary to understand how our country has undergone changes within the system. Before comparing the works of writing and the writers’ opinions, it is necessary to know the basic facts about the organization and function of the judicial branch. A key point about this branch is that it is completely split up and organized in such a manner that if a case is appealed in a lower court, it may be brought to a higher court, and so on if necessary. Both court systems, State and Federal, have a series of courts within themselves as well. Above these courts is the Supreme Court, which is the highest court a case may be presented to in our government. This major court is comprised of one Chief Justice and eight Associate Judges, and functions on the basis of seniority. Lower State and Federal court systems must request for judicial review before the Supreme Court may even review the case at hand by deciding if the case is unconstitutional. Not
The judiciary branch of the United States’ government is comprised of a system of courts, on both federal and state levels, which are used to bring justice to cases between citizens of the States. The power of judicial review gives the courts the authority “to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional” (Ginsberg). It’s interesting that the branch that works to uphold the laws of the U.S. Constitution is sometimes viewed as the “least dangerous branch” of our Government. Referring to writings such as Federalist 78 (by Alexander Hamilton) and Brutus 12 (by James Madison), clears up exactly what the judiciary was set up for, why it is important to have in our Government system, and how it might affect the other branches, the executive and legislative. It is clear while reading the works that the two writers have opposing views. Therefore, it is crucial to study both works and compare their ideas to our current Judiciary to understand how our country has undergone changes within the system. Before comparing the works of writing and the writers’ opinions, it is necessary to know the basic facts about the organization and function of the judicial branch. A key point about this branch is that it is completely split up and organized in such a manner that if a case is appealed in a lower court, it may be brought to a higher court, and so on if necessary. Both court systems, State and Federal, have a series of courts within themselves as well. Above these courts is the Supreme Court, which is the highest court a case may be presented to in our government. This major court is comprised of one Chief Justice and eight Associate Judges, and functions on the basis of seniority. Lower State and Federal court systems must request for judicial review before the Supreme Court may even review the case at hand by deciding if the case is unconstitutional. Not