- Discover essay samples

The Power Of The Judiciary

4.9 of 5.0 (41 reviews)

776 words

The Power Of The Judiciary Page 1
The Power Of The Judiciary Page 2
The Power Of The Judiciary Page 3
The Power Of The Judiciary Page 4
The Power Of The Judiciary Page 5
The above thumbnails are of reduced quality. To view the work in full quality, click download.

When the founding fathers of our country, and by that I mean the
Federalists, were creating the system of government for America, they knew that
a separation of power would be necessary to protect the American people from the
evils of a monarchy or dictatorship. In doing this, they created the three
branches of government; Legislative, Executive, and Judiciary. The plan was to
have the Legislative make the laws, Executive enforce the laws, and the
Judiciary interpret the laws, and it was Madison's system of "Checks and
Balances" that would keep the three in check. No one branch would be able to
exploit it's power without the scrutiny of one of the other branches, it seemed
to be the perfect system. However, when the Federalists proposed this system of
"Checks and Balances," they really didn't consider the Judiciary that much of a
threat of power, and because it wasn't considered a policy making branch like
the Executive and Legislative, it really wasn't thought of as part of that
system. Basically, the Judiciary would make sure that no law was unfairly
enforced on somebody, and anything else would merely be a bonus. The system of
"Checks and Balances" would then be the Executive watching over the Legislative,
and the Legislative watching over the Executive. To be more specific it would
be Congress watching over the President and the President watching over Congress.
(The Federalist Papers, #51)
This system, as I mentioned earlier seemed to be the perfect protection
against tyranny of any kind, and in fact it is quite effective, but I feel the
problem is in that the Federalists didn't take into account that the Judiciary
would in fact become a policy making branch in itself, with the power to check
any one of the other two branches just as much as they would check each other.
Robert Dahl wrote, "To consider the Supreme Court of the United States strictly
as a legal institution is to underestimate its significance in the America
political system. For it is also a political institution, an institution, that
is to say, for arriving at decisions on controversial questions of national
policy." (Dahl, Role of the Supreme Court Symposium, pg.279) The point here is
that proportionately, the Judiciary yields as much power and policy making
capabilities as any of the other two branches of government, and that the
decisions made by the Supreme Court are in fact equal in stature to Congress
passing a Bill into law.
What Dahl is basically trying to say is that the evolution of the
Supreme Court has made it very involved in decisions concerning important policy
issues of the American political system. When it renders a decision on these
policy issues, it is in fact changing or creating new policy itself. Now to say
that the Supreme Court is only the highest legal institution of the United
States would be doing a it a terrible injustice, not to mention selling it
extremely short on the credit it deserves for the job that it is doing. The
Supreme Court is without a doubt, a very capable and extremely involved branch
of government, equal in power to the Legislative and Executive branch, and well
adapted in the duties involved in the system of "Checks and Balances" that the
Federalists established so many years ago.
The founders intentions for the Judiciary Branch was to interpret the
laws that the Legislative made, and the document by which their standards would
be set would of course be the Constitution of the United States. The Supreme
Court would render decisions based on the laws drafted into the Constitutions,
and it would be asked to interpret them to the best of their ability. Because
of this expectation to "interpret", the Supreme Court has been allowed to
develop the power to change policy in America. The reason for this can be
explained by a great many examples, the biggest perhaps being the case of Roe v.
Wade where the issue of abortion took the forefront of the American judiciary
system. In this case, to ask the Supreme Court to interpret the law as best
described by the Constitution would be useless because the Constitution states
nothing on the matter of abortion. So what is the Supreme Court supposed to do
in these types of situations? The answer of ...

You are currently seeing 50% of this paper.

You're seeing 776 words of 1551.

Keywords: the power of the judiciary to nullify the law is known as, the power of the judicial branch, the power of the judicial review, the power of the judiciary in the united states is which of the following, the power of the judiciary in athens, the power of the judicial branch of the texas government is in, the power of the judges, the power of the courts to declare laws unconstitutional

Similar essays

The Secret Service

is a service that many people do not know about. In addition to guarding the president, has been used for many other tasks since its creation. At the close of the Civil War, between one-third and one-half of all U.S. paper currency in circulation was counterfeit. On July 5, 1865, the Secret Service was created as a bureau under the Department...

24 reviews
The Context Of The Second Amendment

The interpretation of the Second Amendment to the Constitution of the United States of America has been a topic of controversy since its acceptance over two-hundred years ago. This controversy stems from the fact that the amendment was written for reasons for the most part that do not have any relevance today. One side argues the amendment void,...

180 reviews
Ecuador And Democracy

Briefly, democracy is a matter of degree and quality. Confusion often arises in discussion about democracy. This stems from the different premises people have in mind when they use the term. In my opinion, most people fail to specify their underlying premises, and we often incorporate into our sense of democracy disparate factors that may or may...

113 reviews
Imperialism: A State Of Powerlessness

George Orwell's essay 'Shooting an Elephant' shows how imperialism makes the Burmese and the British powerless. In 'Shooting an Elephant' the British have colonized India. The Europeans' powerlessness is seen through George Orwell, a sub-divisional police officer, and the Indians' powerlessness is seen through their lack of control in political a...

148 reviews
An Analysis Of The Term Actually Incurred In Section 11(a) Of Income Tax Action Act No 58 Of 1962


152 reviews
United States V. Nixon, President Of The United States

Throughout American history, the fear that our leaders may sometimes think themselves above the law has always been evident. The fear is that power brings corruptness. To prevent this, however, the system of checks and balances has been installed into the Constitution. No one branch of government stands above the law in this setup. This point w...

194 reviews
The Need For Affirmative Action

Affirmative action has been the subject of increasing debate and tension in American society. The debate has been more emotional than intellectual, and has generated more tension than shed light on the issue. Participants in the debate have over examined the ethical and moral issues that affirmative action raises while forgetting to examine the sys...

95 reviews
State Of The Union Address Essay

President Clinton has declared that "the enemy of our time is inaction," pledging to forge bipartisan agreements on a balanced budget and campaign finance reform within months, and to lead a "national crusade" to improve education by the turn of the century. Education, Clinton vowed, would be his "number-one priority for the next four years," and...

6 reviews
Compare And Contrast The United States Bill Of Rights And The Texas Bill Of Rights

Our founding fathers thought it best for the United States that they create a country based on freedom and rights, than being ruled in absolute tyranny. In result the Constitution was written. When writing this document many issues were raised in thought of the future of our country in terms of powers and rights. They made the document flexible...

212 reviews
Juvenile Justice

The American juvenile justice system was designed over 100 years ago to reform kids who were found guilty of minor crimes such as petty theft and truancy. It is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. The system acts as a shield for juveniles who perform adult criminal acts or status offences-...

110 reviews
Tinker Vs. Des Moines

My representation is the defense of Des Moines, Iowa. 1. On a cold, brisk December morning in 1965 five students, and their parents of Des Moines high school made an extremely poor decision by wearing dark, filthy black, inappropriate material representing non- existent peace in a thriving nation. Earlier that week the principal of the high school...

122 reviews
Should The President Be Impeached?

? The most controversial headlines today focus on the President of The United States, Bill Clinton. These headlines have nothing to do with his Foreign policies, deficit control, or the United States budget spending rather focus specifically on the Monica Lewinsky sex scandal and the impeachment hearings. Currently President Clinton faces impeach...

139 reviews
President Reagan's Strategic Defense Initiative: In Relation With The Soviet Union

President Reagan's Strategic Defense Initiative: In Relation With the Soviet "For the first time humankind has the power to destroy itself." 1 The nuclear age has changed the world, for the good and the bad. Though the bad, is far greater than the good. We sometimes ponder to our selves, "what would happen if we were forced in to a nuclear war ware...

7 reviews
The First Amendment: Sex, Laws, And Cyberspace

A Michigan college student posts sadistic fantasy about a classmate to an Internet newsgroup and is charged with the threat to injure. A postal inspector in Memphis, Tennessee downloads a pornographic image off the Internet and the California couple who posted it is arrested for violating Tennessee's obscenity laws. A programmer's encryption soft...

20 reviews
Atsisiųsti šį darbą