Reasons For The Judicial Branch

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.

In many situations Judiciary was the first who recognized the incoming “wind of change” and according to that made many landmark decisions in the area of civil rights and liberties. That shows importance of Judiciary, but it does not mean that Judiciary is stronger than other two branches. For each landmark decision in the area of civil rights the Court waited a long time before finally decided to change interpretation of the law (more than 100 years for full incorporation of the Bill of Rights into XIV amendment). Basically when the public began to change opinion the Court did too. For instance in the 1954 when was the case Brown v. Board of Education, public opinion was considerably different from 1896 and the case Plessy v. Ferguson.

The supreme court is the highest court in the nation, which makes the judicial branch have one of the most important courts in its branch. Its decisions set precedents that all other courts has to follow, and no lower court can ever supersede a supreme court decision. Not even the congress or the president can change,reject,or ignore a supreme court decision, making the judicial branch the most important because even the highest people has to go through this branch. There are 3 branches of government, but the judicial branch happens to hold the most power among the three. This is my second reason why I believe the judicial branch should be considered the most powerful

The Third Article of the United States Constitution set up the Judicial Branch. Section One of the Article set up the Judicial Branch with “one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It also stated that the judges in the Court can only hold office in good behavior with a compensation that is unchanging at anytime in the Court. During their time in office, that is. The Second Section of the Constitution brings to mention the fact that the power that the Judicial Branch has goes to anyone. All cases brought under the Constitution of the United States of America are seen in Court. It also talks about criminal cases having a trial by jury. This not including impeachment trials. The

Our Founding Founders established the federal government with three distinct branches, each with powers over the other in order to have a proper checks and balances to ensure fairness across the board. The U.S. Constitution outlines the powers and responsibilities of the three branches of government and is a critical document for the federal government. Important laws and documents such as The Bill of Rights, The US Civil Rights Act and The Freedom of Information Act (FoIA) are managed by our Constitution. Below we will discuss three subjects which set up a diverse broad range of viewpoints that are essential in our democracy.

The Judicial branch is shown to have four powers in document one (1) and only one power in document (2). The only consistent power of the branch is judicial review. This is the ability for any court to determine the constitutionality of a government action. Variations of judicial review are shown as two of the branches powers in document one (1). The other two being interpret the Constitution and laws and review lower court rulings.

The Legislative Branch is one out of the three branches of the government. All the branches of the federal government play a super important part in Government. However, the Legislative Branch is the strongest branch. All of the Legislative Branches privileges and powers are well-defined in the U.S Constitution. All of the Legislative Branches rights and powers are defined in the U.S Constitution. The U.S Constitution wanted to divide powers within the three branches of the federal government. The Legislative Branch is the strongest branch because they make laws, declare war, and override presidential veto, and

Each of these branches control a different aspect of government and they are each controlled by a different group of people. James Madison believed that if one individual or small group held possession or control of all three branches, then he would consider that to be a tyrannical situation- a limit of citizen rights, voice, and freedom. Each branch holds a different role that affects a certain situation pertaining to which process of law development their responsibility is, as long as each branch is separated and distinct there will be liberty and rights for people. There has to many contributors of government that have different views and different ideas in order to achieve a tyranny-free society (James Madison, Federalist Paper #47, 1788). The Legislative Branch is controlled by the Congress of the United States of America, which consists of the Senate and the House of Representatives. The Legislative Branch is in charge of making new laws or changing the existing ones. The Executive Branch is led by the President of the United States, their main power is having the ability to veto or reject a proposal for a law. The Judicial Branch consists of the Supreme Court and inferior courts. The Judicial Branch is given the responsibility to interpret laws (Constitution of the United States of America, 1787). Based on judgement of James Madison's beliefs and views on the Separation of Powers and the system of Checks and Balances, if an individual was a member of both Congress and the Supreme Court Madison would believe that they held too much power in the government and see it as a violation of federalism. James believed that each branch should be separate and distinct and when you have a crossing or correspondence with the both of them, there is a decrease in a diversity of views and opinions; there is a decrease of equal right for the

Supreme Court and the Federal Judicial Center. The United States constitution states that all judicial power should be given to the supreme court. The Judicial Branch helps to interpret the laws and other decisions passed on from the legislative branch. This is the court system for state, local, and the federal government. (house.gov 2017)

The Constitution is the Supreme of laws of the nation, which protects the people’s rights. The Constitution includes many amendments that provide the people many unalienable rights. The founding fathers fear of tyranny influenced them to create a restriction of power for the government, and create check and balances between the different branches of government. As a result of check and balances, the judicial branch was assigned to examine the constitutionality of certain laws passed by Congress. Moreover, the judicial branch, that use the judicial review to give power to the Supreme Court to revise and ban laws that are unconstitutional. The Supreme Court tries to balance the rights of the individuals with the responsibility of the society. However, there have been many cases in which the Constitution does not say to whom the power belongs to. For example, Abortion has been a controversial issue

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,

The reasons why Hamilton states that the judicial branch is the least dangerous branch of the government is that it is impossible for the judicial branch to act upon the other branches of the government. With the judicial branch being the least dangerous, the people’s rights are safe. The job of the judicial branch is to only judge but with the help of the executive branch. Going further, some of the possible effects on the judicial branch being the least dangerous are not being able to attack the other branches of the government. If there was to be no separation between the branches of the government, the liberty of the people would be in danger. Hamilton suggested that it is the job of the union to ensure that the branches are separated especially

Judicial Independence is fundamental to democracy, it serves as a guarantor of the rule of law and separation of power . However, nothing is perfect. There is some defect regarding to the judicial independence and solution must be made to curb the weakness.

The Judicial branch is in charge of reviewing decisions and understanding federal laws. It is in charge of explaining the laws and having the power to decide if the laws are constitutional (Brand). The Judicial Branch is different from the other branches because, the members are appointed by the president and then approved by the Senate. This branch provides a comfort for the citizens to understand that the branches are dedicated to maintain equality and make sure they are fair laws. Even though, the judicial branch doesn’t have much power, it is just as important as the other two branches.

The judicial branch carries the most power because they have the ability to settle disagreements surrounding the meaning of law.The judicial branch takes power and has the ability to rectify disagreements enclosing the meaning of law.’’Decide if laws or actions by the president are constitutional’’