The case Marbury v. Madison highlights the issue of an end of term appointee of President John Adams who didn’t ascend to the office upon the assumption of the presidency by Thomas Jefferson. Marbury sued the then secretary of state James Madison for failing to execute the commission. According to the Law, the supreme court has the authority of reviewing both executive and legislative orders. The court, however, has limited jurisdiction that is bounded by the Constitution and cannot be enlarged by the Congress.…
As the Constitution was created, some topics were explained in great detail, yet some were explained very vaguely causing many disputes over how certain topics should be dealt with. In Article III, it states how the Judicial Branch works. It decides what the court bases their decisions on. In Article II of the U.S. Constitution it states how a justice must be replaced, who picks the new justice, which is the president, yet there is no time frame stated on how long it must take to pick a new justice. The president of the United States is to pick the new justice and the Senate confirms it. After a sudden death to Supreme Court justice Antonin Scalia, the decision must be made to pick a new justice now or to allow the new…
As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. The reasons that the judges can lose their job is by retirement or if they have been accused of any crime.…
When Jefferson took office in 1801 the republicans controlled both the Executive and the Legislative branch, the Judicial Branch on the other hand was still largely controlled by the Federalists. John Adams knew this was coming so he wanted to make sure the federalists keep the Judicial branch, he made the Judiciary Act of 1801, where Adams assigned new justices to the supreme court every night until the day of Jefferson’s Inauguration. These legal documents were called “midnight appointments” that sat on the president’s desk when Jefferson took office so, the supreme court could not do anything about them. Jefferson took the easy choice and kept these documents from the reach of the supreme court by handing them to Madison, and even though…
Appointing the men to be Justices of the Piece was with in Adams constitutional rights as president. John Marshall says “ The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then…
guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. And also to protect our Supreme Judges from political pressure. But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime.…
The Supreme Court’s power of judicial review should not be strictly limited by a constitutional amendment because the simple fact what if you do a judgment that they are not in the right of? If the judge is proved wrong then it will be appealed. For an example we the people shouldn’t be judged because what if one commits the same crime and does it intentionally such as killing someone and then someone does it to protect them and their family from harm if someone broke into their home and was coming at them and the only thing was to kill them to keep from getting their children or self harmed.…
This means that the Justices may hold office until they die, reign, or are impeached. Impeachment is the only exception to the phrase good behavior. As it states in Article II that Supreme Court justices can be removed from office by impeachment, just as the president and vice president can. Only one Justice, Samuel Chase, was ever impeached and that was in 1804.…
If necessary the legislative branch may remove someone of the judicial branch through impeachment. This only happened a few times, and has never once happened with a Supreme Court justice, but it does still show how much power the legislative branch has to have in order to balance against the powers of the judicial branch. The word and meaning of judiciary is also used to refer to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary, as well as the staffs who keep the system running…
The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges, alter the organization of the federal court system, and amend the Constitution.…
The Supreme Court justices and every decision they make are fully abiding to the law. If they were elected by the people into office, they would make decisions to please the people so they would stay in office. If they made a poor calling according to the…
One of the major jobs for the federal judges is to protect the United States from the “tyranny of the majority”. Furthermore, even if the majority rules, the minority still has rights. Many components of the Bill of Rights, which the judges are called to enforce, are designed to protect the rights of the unpopular minorities. Being a Supreme Court judge is a difficult job, and even with life tenure, they are not completely immune from political pressure. They remain members of society; therefore it is difficult to allow things to happen even if they know it is morally wrong, but constitutionally…
I think the Wyoming judicial selection procedure is less good when it comes to retention. I do think it is a good idea for the people to have a say in retention. However, as the data about Justice Voight proves, not many residents of Wyoming know who he is much less can evaluate the whether he has been doing a good job. I suspect the only reason he was voted for retention is people don’t like change.…
This is important because while the judicial branch is supposed to uphold the law though judicial neutrality, they also play a big role in policy making. In Robert Dahl’s article, “Decision Making in a Democracy: The Supreme Court as a National Policy-Maker” back in 1957, he discussed this topic in-depth, explaining that, particularly the Supreme Court, has the ability to change legislation or influence Congress’s decision, even in the face of countering a Majority Rule. Brown v Board of Education’s unanimous 9-0 ruling in 1954 is a prime example of this where the judges, many of whom had been appointed by much more conservative Presidents changed public policy regarding segregation in the schools, but through and unanimous vote, also changed the ideology, at least temporarily, of some of the judges. Bernard Schwartz’s article “Chief Justice Earl Warren: Super Chief in Action.” Talks about how the judicial session came to an end before a formal vote was cast, and the vote was 5-4 in favor of desegregation but Chief Justice Vinson, was not ready to overturn Plessy v Ferguson. He died in between the two sessions and Justice Warren was able to talk the 3 remaining dissenters into changing their vote because of the nature of the legislation and his leadership in general. So while partisanship plays a big…
During their tenure, a Justice will be able to continue learning and understanding the law, so that in every situation they know what is constitutional and unconstitutional. Confucius once said, “Study the past if you would define the future.” The decisions of Supreme Court Justices have led to many new laws. However, those decisions are made by justices who have been doing that for a while. These Supreme Court Justices understand our past, the decisions, laws, and consequences, and know how to act upon that because of their prolonged tenure as justices. Under no circumstance does anybody just stop learning, so Justices will be ripe with knowledge until their time is done, they choose to step down, or are impeached. Therefore, Supreme Court Justices life tenure helps them understand and master their role in the Supreme…