Judiciary

Topics: Separation of powers, Supreme Court of the United States, Law Pages: 2 (1190 words) Published: October 19, 2014
he Judiciary "has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever..It may truly be said to have neither FORCE NOR WILL, but merely judgment" (Woll, 410). The Judicial branch lacks the influential power possessed by Congress and the President in the federal government and is further limited by presidential appointment of justices and congressional decision to establish lower courts. The Supreme Courts' ability to pass judgment, however, gives significant power to the branch and is essential in the system of checks and balances. The judicial branch is provided with the power to resolve conflicts emerging between federal and state laws as well as between citizens of different states, but more importantly the power to decide constitutionality of laws. It is able to check the executive and legislative branch by declaring their actions unconstitutional and therefore null. The Constitution provides judges with life tenure in order to protect the judicial branch from political pressures imposed by the public or the other branches of government. In Federalist 78, Hamilton states that the "independence of judges is equally requisite to guard the constitution and the rights of individuals" (Woll, 409). Unlimited terms of judges enable them to articulate impartial judgments despite popular politics. They are not at risk of losing their political position when ruling against the desires of powerful institutions. Immunity to political influence allocates court jurisdictions that are in the interest of justice and equality. The alternative of "periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence. If the power of making them was committed either to the executive or legislature, there would be danger of an improper compliance to the branch with possessed it" (Woll, 412). Limiting the...
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