Judicial Branch Research Paper

The Constitution urged for a division of power. First between the state government and the Federal government and also between its three branches: the legislative, the executive and the judicial branches. A system of checks and balances ensures that one branch does not exert ultimate power but that it is observed and corrected by the powers of the other two branches.The Federalists divided power is in three different branches, the executive, judicial, and the legislative branch. The legislative branch tends to be the most powerful; therefore, this branch was divided into two sub-branches. Not only does these powers have to be balanced, but also the president cannot have too much. Checks and Balances are made so that if the president starts to act like a king or a dictator he can be impeached. The goal of the checks and balances were achieved, since the branches in the government are now equal.

This branch, however, does not have all the power. There is a system put into place by the founding fathers called checks and balances. This system was though up with one goal in mind, to allow near equal flow of power

What is the Judiciary branch? The Judiciary branch is the third branch which is made up of courts such as the supreme, circuit, the magistrate and municipal. This branch interprets the laws and the state judges are elected by the citizens rather than being appointed. Alexander Hamilton wrote essays to explain and defend the newly drafted constitution, in 1788, prior to its approval. In Federalist No. 78, Hamilton argues that the judiciary would be the least threatening branch of government because it does not control the military or budget of the nation. In other words, it has no power to act on its own or to enforce what it does. The courts make the ruling only within proper lawsuits such as cases and controversies in the United States Constitution. Even if a law is passed by congress that is unconstitutional, the court

Have you ever wondered which branch of government was the most powerful? There are three branches of government but not all of them have the same power. Well if you didn't know the most important branch is the judicial branch. Even though all the branches are powerful,but at different times, The judicial branch has the final say in the use of power because it can overturn rulings by other judges ,they Can rule that an presidential action or law is unconstitutional , and the supreme court cannot be fired by the president.

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Since the establishment of our government the Judiciary branch has been intended to be the passive or least dangerous of the three branches; this can be seen in the Federalist Papers, said by Alexander Hamilton, “The Judiciary, on the contrary, has no influence over either the sword or the purse” (Woll 373). This was soon thwarted when the power of judicial review came into play. Judicial review gave the Supreme Court the power it needed to be as influential and powerful as the other two branches. Throughout history judicial has been key in many controversial and important court case, beginning with Marbury vs. Madison, which established judicial review, to many other case including McCulloch vs. Maryland, Plessy vs. Ferguson, Roe vs. Wade,

As mentioned the judicial power is vested in the Supreme Court and inferior federal Courts, and the Supreme Court checks and balances the other branches through its power of judicial review. Congress has the constitutional power to create tribunals inferior to the Supreme Court and to change the number of judges. The president nominates the federal judges with the approval of Congress.

The Executive and Legislative Branches are elected by the people. However, members of the Judicial Branch are arranged by the President and established by the Senate. The Judicial Branch interprets laws, applies them to cases and decides if the law violates the Constitution. It is comprised of the Supreme Court and other federal courts: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish” (Article 3 Sec. 1). The Judicial branch has jurisdiction, which means the power of the court to hear a case. The Supreme Court is the ruling court and has full jurisdiction under the Constitution. The case can also be within the boundaries of a state or between citizens within the same state as well as different states: “The judicial Power shall extend to all Cases, in Law and Equity; arising under this Constitution…the Supreme Court shall have original Jurisdiction” (Article 3 Sec. 2). As stated, the Supreme Court can provide jurisdiction under any circumstance and the lower, more inferior federal courts can interpret and hear cases under their own set of powers. The Judicial Branch works cooperatively with the Legislative branch. Congress makes laws and courts interpret and analyze them to see if their unconstitutional or lawful. This is another example of the checks and balances system in play: “…the Supreme Court shall have appellate Jurisdiction, both

As it is explained in the Constitution, the ability of Court Justices to hold office “during good Behavior” and does not provide for the necessity that a Court Justice resign after a certain age or period of service”(U.S Constitution). When James Madison wrote the U.S Constitution, it did not specify the term limit of the judges, which makes the judges more fair and allows them to rule the cases without worrying about being reelected. Moreover, another reason that the Supreme Court judges judges are appointed for life 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”(Constitution 1). Since Congress does not have the power to interfere with the power of the judicial branch, they are able to rule in a fair and just manner. So this way it is guaranteed that the people will receive the best trial and obtain their desired wishes.

In conclusion, each branch has equal, but different powers that weigh each other out. Checks and Balances help see through that none of the three branches of government get abused and or have too much power. They each have an important role that they have to play in order to keep our

The federal courts came about beginning in 1789 when Congress passed the Judiciary Act of 1789 (Neubauer & Fradella, 2008. pg. 65). However, there was a lot of controversy in regards to the act because advocates feared that a strong national government would weaken individual liberties and be a threat to the power of state courts (Neubauer & Fradella, 2008. pg. 65). The act even though federal, still had some ties to the state level courts. One of the first issues was the boundaries of the federal district courts would not encompass more than one state. The second was the selection process would ensure that federal judges would be residents of their districts and lastly, the lower federal courts would have limited jurisdiction (Neubauer &

Before understanding the system of Checks and Balances it may be helpful for one to understand the various functions of the three branches that make up the federal government. The federal government consists of millions of people working together and insuring that the United States is run in an effective manor thus protecting the rights of every American citizen. American citizens must rely on local, state, and federal elected officials along with many members of various public organizations to insure that our Constitutional rights are not being infringed upon and that America remains a free country.

In the United States Constitution, there is a specific system designed to prevent one of the three branches from gaining control or much power. This system is known as Checks and Balances. The system has been put on the effect due to many instances over the course of the year history. The designed system of Checks and Balances is very open yet complex. For example, if the President executive is not fulfilling his responsibilities as a leader or behaving inappropriately, the Legislative Branch Congress can limit him through the power of impeachment. The Judicial Branch can limit his power through the process of judicial review. This is when a justice can declare a law unconstitutional. The Congress can propose a bill

This is the last branch of the three, giving them the ability to make changes or strike down any law, or declaring an act unconstitutional if they wanted. This branch is able to interpret laws into many different perspectives. For example, interpreting laws through judicial review. The judicial branch has the power to review the decisions and acts that both the legislative and executive branches make, then they may determine if they are constitutional or not. Checks and balances is an example of judicial review. The procedures of judicial review may vary from state to state. Marbury v Madison, the case that set up judicial review, is another example of how the judicial branch explained the laws. This case was very complicated. In a view, Adam's appointed judges that supported his party before he left office. Jefferson ordered James Madison not to deliver Marbury's commission. Marbury agreed to bring this problem to court and made a request for Jefferson to deliver his commission. John Marshall, the chief justice, made the decision that the Supreme Court has no approval to order Jefferson to deliver Marbury's commission. This then set up the principle of judicial

I believe that the judicial branch has the most power because they have the power to settle disagreements about the meaning of laws and decide if laws and the president decides if laws or action.