Judicial Branch Research Paper
The Judicial Branch is the most important branch of the United States government, due to the significant role it plays in interpreting and determining if laws are constitutional. Even though the Judicial Branch is the smallest in size and has smallest budget of any branch in our nation’s government, it exercises enormous power and is equal to other branches of the government because it has the power of Judicial Review. Judicial Review is the review by the US Supreme Court of the constitutional validity of a legislative act.
The Creation of the Federal Courts The Constitution defines the structure and functions of the legislative branch of the government. It clearly addresses the responsibilities and powers of the president. But, it treats …show more content…
Judicial review, or the power of the courts to overturn a law, was the vehicle he used to create the most powerful judicial branch in the history of the world. Article III basically implied that “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”. It also stated that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their …show more content…
After all, federal judges and justices are appointed, not elected. As most Americans believe in democracy, shouldn't elected officials run the country? On the other hand, perhaps American government would be fairer if judges had even more power. Because they do not have to worry about reelection, they are relieved of the outside pressure of public opinion.
After all, the majority is not always right. It is no accident that the Founders provided for elected officials in the legislature and appointed officials in the judiciary. They believed that freedom, equality, and justice are best achieved by a balance between the two branches of government.
Checks on Judicial Power The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges, alter the organization of the federal court system, and amend the Constitution. Congress can also get around a court ruling by passing a previous law declared unconstitutional by the
The Creation of the Federal Courts The Constitution defines the structure and functions of the legislative branch of the government. It clearly addresses the responsibilities and powers of the president. But, it treats …show more content…
Judicial review, or the power of the courts to overturn a law, was the vehicle he used to create the most powerful judicial branch in the history of the world. Article III basically implied that “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”. It also stated that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their …show more content…
After all, federal judges and justices are appointed, not elected. As most Americans believe in democracy, shouldn't elected officials run the country? On the other hand, perhaps American government would be fairer if judges had even more power. Because they do not have to worry about reelection, they are relieved of the outside pressure of public opinion.
After all, the majority is not always right. It is no accident that the Founders provided for elected officials in the legislature and appointed officials in the judiciary. They believed that freedom, equality, and justice are best achieved by a balance between the two branches of government.
Checks on Judicial Power The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges, alter the organization of the federal court system, and amend the Constitution. Congress can also get around a court ruling by passing a previous law declared unconstitutional by the