Federalist No. 78 written by Alexander Hamilton fully examined
the judicial branch. In the Federalist Paper, it claimed that
the Judicial neither wields the sword of the Executive Branch
nor has the purse of the Legislative. The sword is the power of
the Executive that controls the nation’s militia and grants the
President to be the Commander-in-Chief. The power of the purse
grants the Legislative Branch the ability to control the
spending and tax policies of the nation. The Judicial Branch, in
Hamilton’s words, “had neither FORCE nor WILL but merely
judgment,” deeming it to be the least dangerous of the three
branches. I contend that as time alters, the Judicial Branch has
adapted to be the most powerful because of its …show more content…
b. Social Reform in Women’s Rights & Abortion
Roe v. Wade, a case regarding a pregnant single woman, Roe,
challenges the constitutionality of Texas criminal abortion
laws, which would not perform abortions unless the pregnancy
would put the mother’s life in risk or if medical advice is
given to the mother to not carry out her pregnancy. The rulings
of this case was 7-2 in favor of Roe, the court states that it
was unconstitutional because it violated the 14th Amendment for
Texas’ state abortion laws to only allow forth abortions only
when the mother’s life is at stake(Roe v. Wade). The court ruled
that women have the right of privacy when it came to deciding
whether they should bear children. The court also decided that
the woman’s health is in the interest of the state, that the
woman can decide up to the second trimester whether or not to
undergo an abortion, but when the third trimester start, the
state has the right to preserve the fetus’ life unless …show more content…
Bhagwat argues “the Court
indicates an unwillingness to share its power to make new law,
which is an aspect of the judicial power, with other courts
within the federal judiciary..” However, if the Court shared its
power to make new law, the results would have a wide scope of
variance throughout state to state and region to region.
Considering there are eleven district courts and ninety-four
United States district courts, it would be difficult to satisfy
each judge on what he or she would like to input into a new law
to best fit everyone. Precedent, the ability to use past rulings
would be used sparingly because of the inconsistency created by
the new law of the judges (Bhagwat).
II. LIFE TENURE & JUDICIAL INDEPENDENCY
Article III Section 1 establishes the Supreme Court and sets the
terms of judges, of which both the higher and lower courts are
given the opportunity to serve as long as they are on
the judicial branch. In the Federalist Paper, it claimed that
the Judicial neither wields the sword of the Executive Branch
nor has the purse of the Legislative. The sword is the power of
the Executive that controls the nation’s militia and grants the
President to be the Commander-in-Chief. The power of the purse
grants the Legislative Branch the ability to control the
spending and tax policies of the nation. The Judicial Branch, in
Hamilton’s words, “had neither FORCE nor WILL but merely
judgment,” deeming it to be the least dangerous of the three
branches. I contend that as time alters, the Judicial Branch has
adapted to be the most powerful because of its …show more content…
b. Social Reform in Women’s Rights & Abortion
Roe v. Wade, a case regarding a pregnant single woman, Roe,
challenges the constitutionality of Texas criminal abortion
laws, which would not perform abortions unless the pregnancy
would put the mother’s life in risk or if medical advice is
given to the mother to not carry out her pregnancy. The rulings
of this case was 7-2 in favor of Roe, the court states that it
was unconstitutional because it violated the 14th Amendment for
Texas’ state abortion laws to only allow forth abortions only
when the mother’s life is at stake(Roe v. Wade). The court ruled
that women have the right of privacy when it came to deciding
whether they should bear children. The court also decided that
the woman’s health is in the interest of the state, that the
woman can decide up to the second trimester whether or not to
undergo an abortion, but when the third trimester start, the
state has the right to preserve the fetus’ life unless …show more content…
Bhagwat argues “the Court
indicates an unwillingness to share its power to make new law,
which is an aspect of the judicial power, with other courts
within the federal judiciary..” However, if the Court shared its
power to make new law, the results would have a wide scope of
variance throughout state to state and region to region.
Considering there are eleven district courts and ninety-four
United States district courts, it would be difficult to satisfy
each judge on what he or she would like to input into a new law
to best fit everyone. Precedent, the ability to use past rulings
would be used sparingly because of the inconsistency created by
the new law of the judges (Bhagwat).
II. LIFE TENURE & JUDICIAL INDEPENDENCY
Article III Section 1 establishes the Supreme Court and sets the
terms of judges, of which both the higher and lower courts are
given the opportunity to serve as long as they are on