Judicial Branch Research Paper

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

The concept of power is a divisive matter in the American political system, as the actors holding it are sometimes unable to impose it as a result of their limited authority to do so. The legislative, executive, and judicial branches in the national government depend on each-others point of view. Part of the Constitution was designed with the purpose of making it impossible for either of these three to become more powerful than the others. Each of them has the ability to check and balance the way that the other two function. In spite of the fact that this system was created with the intention of preventing power from being shared unequally in the country, it sometimes serves as a tool for political gridlock, considering that the judicial branches can debate in regard to a particular topic for unlimited amounts of time before actually reaching a conclusion regarding the respective issue.

Judicial Branch is established under Article III of the Constitution. It was created to be the weakest of all three branches of government. Each branch has its own characteristics, but what distinguishes this branch from other two is that Judiciary is passive. It cannot act until someone brings case in front of them. Even if some law or act is unconstitutional, courts are powerless to do anything on their own. Contrary to Judiciary, other two branches are active, and have power to attack other subjects.

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.

Libya is a country east of Egypt with just over 6,000,000 people. Libya’s first ruler was King Idris I, he was elected after World War II when the people were looking for a new leader. He was Libya's only King. He established embassies with many large countries such as the U.S. and also allowed U.S. military to come in to restore and maintain the rights of the Libyan people in his first decade as a king. After King Idris I died in 1969, Libya fell apart. A new ruler, Gaddafi, began destroying Libya and its government. In 1972 tensions increased so much between the American and Libyan governments the American ambassador was removed from the embassy in Tripoli. In 1979 all American embassy workers were removed after an attack. In 2011 the people

The Judicial Branch has opened up opportunities for the country of the United States of America in many ways. The Judicial Branch has found new ways to affect our society. They are meant to interpret the laws for our country. They do this to ensure our country is being protected by the

The American concept of democracy provides that no branch of government shall be more powerful and uncontrolled than the other branches (Lutzenberger, 2012). Judicial review is the power of the courts to oversee and prevent the legislative and executive branches from becoming abusive. Through this power, the courts interpret the meaning of laws and their application. They can invalidate a law, which they deem inconsistent with the US Constitution. They can also change the application of the law when interpreting it. Although the Constitution does not explicitly mention this power, the courts infer it from the provisions on the judicial branch in the Constitution. This inference was first made in 1803 in the Marbury v Madison case. The court declared the existence of the power and that it was for the exclusive use of the courts. They use it to interpret the intents of the Constitution on legal issues submitted to them for decision (Lutzenberger).

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,

In the Federalist 51 of the Federalist Papers James Madison writes “In republican government, the legislative authority necessarily predominates...the weight of the legislative authority requires that it should be thus divided.” It is necessary for the legislative branch to have the most power because they reflect the will of the people since we directly elect members of Congress and the laws the legislative branch creates inevitably affects the people. The members of the legislative branch are the closest link to the people; they represent specific interest groups and must be responsive to those interest groups or risk losing re-election. The framers of the constitution such as James Madison believed that since Congress is closest to the people they would have a democratic legitimacy that neither the Executive or Judicial branches would possess.

President Obama publicly disagreed with the decision but could not change it. The President decides on nominations who are then put under scrutiny while he receives the ‘advise and consent’ of the Senate judiciary committee. There is therefore a small democratic link however it is very weak. Once a Justice is appointed they cannot be removed and are independent of the other political bodies this can be evidenced by Eisenhower’s appointments, a Republican conservative who appointed 2 liberal justices, something he regretted so much so that when asked if there were any regrets after his time in office he replied “I have made two mistakes, and they are both sitting on the Supreme Court”. As stated before the judiciary is independent and once Supreme Justices are appointed they cannot be fired or dismissed this leaves a huge deficit of accountability, a key factor of democracy.

The Judicial Branch is different than both the Legislative and Executive Branch because unlike the others, Judicial Branch members are chosen by the president and confirmed by the senate instead of by the people. Also, the members of the Judicial Branch are not given a fixed term. Each member of the Judicial Branch may serve a life time, and can only be removed through impeachment, retirement, or death. The Judicial Branch can invalidate laws passed by congress on grounds of unconstitutionality. The role of the judicial branch only tries actual cases or controversies which much provide evidence of the wrong doing. If a case passes the district court onto the appellate court it may then end up going to the Supreme Court

This country is a democracy. In simpler terms, that means that the American government makes decisions based on its people’s opinions. Removing the Judicial and Legislative branch would put a stop to that. First of all, an empathetic government

The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.

If the judicial branch had not gained the power of judicial review it wouldn’t have any effective power to check the executive or the legislative branch. This is because judicial review is the ability that the court has to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. Without this review the court wouldn’t have the power to review or revise laws if they contradict or violate anything already in place. Without this review of checks and balances both branches could just create statute, treaties or administrative regulation that contradict or violate the provisions of existing law, a State Constitution,

A common characteristic that contributes to the practices of democracy is the concept of checks and balances. James Madison, the fourth president quoted "the accumulation of all powers, legislative, executive, and judiciary, in the same hands...may justly be pronounced the very definition of tyranny." These checks and balances are primarily used to assure that the government or no branches or offices of the government hold to much power. The term “separation of powers” is somewhat inaccurate in terms of the powers are not actually be divided but they are ideally shared. The founding fathers of this country believed that unrestrained power is dangerous, and is a good thing the president and court check each other along with the state and federal governments. For example, the Congress is in charge of making the laws and other legislature authority but the president can veto that bill. In return, the president is also limited because the congress can then override the veto by 2/3 of the majority. The