Reflection Of Judicial Review

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.

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

Judicial Review – the power of the Supreme Court to say whether the federal, state, or local law or government action goes against the Constitution.

In 1789, each of the thirteen states had already establish a judicial system such as criminal and civil cases. The United States Constitution is the original document in which it established fundamental laws for the national government as well as protecting the right of the citizens. The U.S Constitution was designed to avoid too much power in the system of checks and balances. As years went by, the Constitution began to adapt to the modern changes. Subsequently, the judicial system began to full fill the U.S Constitution’s purpose. Both Federal and State have their own jurisdiction and functions as stated in the Constitution. However, in recent years the judicial system has been broken due to lack of structure in law on the book and law in action.

The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. Often times than not the two

A court is a way for society to formally punish wrongdoers or criminals and make decisions. Courts determine behaviors based on society beliefs on what is acceptable behavior and which behavior is not and deserves punishment. Courts also decide on what is fair, just, punishment, how long to enforce a punishment, and innocents. Courts interrupt laws that can have impact on citizens, businesses, private parties, government officials, and many more. The purpose of the court is to upholding the law, protecting individuals, resolving disputes and reinforcing social norms. There are three elements to be considered a court in America. The first is the court must have the proper legal authority to be a court. This is given by constitutions or statues that have been created. The second is courts are found in the judicial branch. There are some exceptions to this but for the most part all courts will fall under the judicial branch. The third is when a court makes a

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,

a. Judicial activism is a judicial philosophy that calls for the court to play an active role in determining national policies and to apply the Constitution to the social and political questions of their present day.

Many people argue that judicial review is unconstitutional, as it is stated in the 10th amendment that any power not given to the federal government is given to the states. It is argued that the states alone have the power to make changes to the constitution and states should play some role in interpreting the meaning of it. Congress tried to limit judicial review on many occasions. One was in 1868 when congress passed a law stating that ⅔ of the court be required to deem any act of congress

-The power of the judicial review is “A court’s power to review statutes to decide if they conform to the U.S. or state constitutions”. It is important to our legal system to have the power of the judicial review as a tool to the disposal of the courts when conflicts arise within the law or constitution.

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 American court system has two different components: the court systems of the various states and territories and then the federal court system. Each state's court system is unique, but most of them generally follow the same basic structure as the federal court system. The first level of court is the trial court. In the United States these are the U.S. District Courts. There are also a variety of trial-level courts with specialized purposes, such as tax courts and admiralty courts.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national