Essay On Judicial Branch

Improved Essays
Although the Judicial branch is the last branch of government, it is by no means less important than the other two branches of government. This branch is composed of the Supreme Court and the lower federal court system and is in charge of interpreting the law. In the third article of the Constitution, all courts in the Judicial branch have the power to decipher the law, have a Chief Justice who is in charge of making the hard decisions over trials that deal with presidential impeachment, and have the ability to practice judicial review. Judicial Review was first introduced as a main component of the Judicial branch in by John Marshall in 1803 during the case of Marbury vs. Madison. Because of judicial review, the Supreme Court is able to decided …show more content…
The judges who make these decisions are first nominated by the president and then voted on by the Senate and normally serve for life or until they are impeached. The federal courts also have a unique structure and Congress has created two different kinds of federal courts that have not been previously decided upon by the Supreme Court. First is a constitutional court where judges are offered constitutional protection and the most important constitutional court is the district court which are the lowest federal courts and the only place where federal trials are held. Next is the courts of appeals where they hear appeals from district courts and no trials are offered. Lastly, legislative courts are courts that were created in the same way as constitutional courts but the judges present are not given constitutional protection such as a fixed salary and job as well as they are under “good behavior” (Wilson 437). Because America’s court system is a dual system that consists of one state and one federal court, there are many kinds of different cases that the federal courts hear before the Supreme

Related Documents

  • Great Essays

    The Supreme Court is the final judge in all court cases involving the constitution. Its job is to tell when something is unconstitutional, whether it be state laws, governing powers, sometimes even the president themselves (Scholastic). Judicial review is the Supreme Court’s power to review legislative and executive actions, giving them the power to reject laws and decisions of the states. These decisions…

    • 1403 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Texas Three Branches

    • 1105 Words
    • 4 Pages

    While the Supreme Court holds that power over the law interpreting and to see if the law is constitutional for it be passed, but the President is the one who appoints the members of the Supreme Court. Even though the President is the one who appoints the members of the Supreme Court, the members of the Supreme Court that the President has chosen must be approved by the Congress. This is how the Check and Balance works with one another and keep every branches at the same level as one another. No branch has more power than one another because they each have some sort of power to keep the others in…

    • 1105 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws unconstitutional, overrule themselves in previous decisions, and shape public policy. However, there is disagreement over this policy making power which is prominently demonstrated in the debate over judicial activism versus judicial restraint in court…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    This is one of the ways that the Judicial Branch checks the other branches. For instance if the congress and the president pass a law but it is believed to be unconstitutional it is sent to the Supreme Court for review where the Justices (9) will analyze the law and use interpretation of previous laws primarily the Constitution the Law of the land so to speak to decide whether the law is truly lawful under the United States…

    • 1341 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The Judicial Branch is in charge of interpreting laws and the Constitution, this helps keep checks & balances, it stop Congress from passing bad laws, or just any law that they want to. Alexander Hamilton put it this way, the legislative branch writes the rules that we abide by, while the executive branch “holds the sword of the community” by enforcing the laws (Doc. B). All the judicial branch does is judge whether laws are constitutional, to avoid having a law that violates the Constitution, so it doesn’t pose any harm to the government. It helps keep balance between all the branches and to keep everything…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The judiciary branch is made up of the courts and interprets the laws. It consist of the Supreme…

    • 821 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Judicial Branch

    • 665 Words
    • 3 Pages

    Article III of the constitution established the Judicial Branch. This branch is made up of the supreme court and all of the lower courts. The Judicial Branch is unique from the other two branches. The executive and legislative branches members are chosen by the people. Whereas the judicial branches members are chosen only by the president with the approval of the senate. This branch has the duty of determining what every law means, how to incorporate them into real life circumstances, and also deciding if a certain law breaks the constitution. The judicial branch also can settle conflicts between states. This is the only branch that watches over the president and congress to make sure they are abiding by the constitution. Also, the Supreme…

    • 665 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    government was set up into three branches with help from the U.S. Constitution. The Legislative, Executive, and Judiciary are names of those three branches and they have different roles on how the law is used and made. The Legislative can also be called the Congress, and the Congress is the part of the government that legislates, or to write and vote on laws. This branch the Executive, is when the President is elected and has all the power. Finally, the Judicial is made up of courts and judges, which the judges aren’t elected, unlike the president are, but they are decided by the president and will be approved by the senate. From the help of the U.S. Constitution, the U.S. government was divided into three…

    • 379 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    The judicial branch, from its creation in the United States has been that of a large debate. The problem with judicial branch that many argue is that the people of this country do not elect the Supreme Court of the United States. However, the President who the country votes into office appoints them to the Court. Judicial review has a long historical background, dating back to Hamilton’s argument in The Federalist Papers, all of which impacts how the Court uses judicial review today regarding civil liberties. In addition, judicial review has been applied in landmark Supreme Court cases such as Plessy v. Ferguson, Brown v. Board of Education, and Griswold v. Connecticut. The United States Supreme Court’s power in relation to the other branches…

    • 1377 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    While judicial review is not noted in the Constitution, Madison had intended the U.S. Constitution to be evaluated by independent judges instead of through conflicting political bargaining. [3] Of course, the Supreme Court’s power of judicial review was not implemented until 1803 in connection with the case Marbury v. Madison. In Marbury v. Madison, John Marshall, the Chief Justice, pointed out that it was necessary for the Supreme Court to have the power to overturn unconstitutional legislation. [4] Ever since, the Supreme Court has used this power to review the laws to make sure they are constitutional. The judicial review process gives the Court the responsibility to ensure individual rights and maintain the Constitution as new issues arise in a complicated and changing society.…

    • 868 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The United States Supreme Court gains its power from the United States Constitution. The Supreme Court has the power to review the actions from the executive and legislative branches and declare laws unconstitutionally; this power is known as Judicial Review. The Judicial Review also challenges the lawfulness decisions from public authorities. The goal was to accomplish new developments under the leadership of Chief justice, they believed that judges should find and apply an existing law, and not creating a new one. In 1803, Marbury v. Madison case was the first Supreme Court decision to strike down an act of Congress as unconstitutional.…

    • 228 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Supreme Court Influence

    • 829 Words
    • 4 Pages

    Founding father Alexander Hamilton once stated that he believed that the Judicial Branch would be the weak link of the three government branches. However, the branch is much more powerful than Hamilton could have ever expected. The Supreme Court has a lot of power, including judicial review that helps them be empowered when it comes to checks and balances. They also have the ability to grant a writ of certiorari to have cases sent up for a review. A flaw however is that the justices of the Supreme Court can be influenced by both stare decisis and judicial activism. This creates a form of bias when this happens, as it tends to affect how they respond to some cases.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Throughout the United States government 's history, one thing remains the same, the three branches of government are as important as each other in keeping the nation thriving. Each with their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is, when something is signed into law or actions are taken, the Supreme Court of the United States decides if it follows the rights and laws outlined in the US Constitution. According to…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    A world without the Judicial Branch of government is a world without set rules. In 1787, the Constitution had created the Judicial Branch, under Article 2 Section 2, to deal with all of the new laws that could be set in place. The Judicial Branch also leads the Supreme Court, the highest court of law in the United States. The Judicial Branch of government receives powers backed up by the U.S. Constitution, has a very strict and complex system to become a supreme court judge, and the U.S. Supreme Court Justices should interpret the Constitution by how it was originally wrote.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Judicial corruption in the eyes of its innocent victims, is wrongdoing by someone in power that can be life changing. People can be fined unfair fees or watch someone who stole from them go free. However, for the judges getting the extra cash or making a decision because of personal bias, a case in which corruption occurs can be part of a normal day, and no one would ever know. Corruption is much more oblivious in other countries around the world. For example, in Azerbaijan, a prisoner can be released quickly, by a simple threat or a luxurious offer without doubt or question from anyone around. Therefore, it is debated whether or not judicial corruption is a problem in America. We need to know the facts if we want true justice even if we aren’t victims ourselves, because justice will never be true unless all people can believe in it. To understand the incredible amount of injustice by corruption, let us focus on judges who have been indicted for such a crime, the amount of power judges have, and most importantly why ‘we…

    • 1533 Words
    • 7 Pages
    Superior Essays