Judicial Branch Essay

Improved Essays
Hamilton does not believe the Judicial branch has as much power as the other branches but he is wrong. The Judicial branch is the Supreme Court and all the other courts beneath it. In the government there are three branches, the Executive, Legislative and the Judicial branch. All three of these branches all have certain jobs and powers that the others do not. A lot of people believe that the executive branch is the branch with the most power but I do not think so. I strongly believe that all three branches share equal importance in our government. The three branches working together helps our government be as powerful and strong it is today. In Federalist 78 Hamilton stated that the Judiciary Branch has the least amount of power in the government …show more content…
Madison case is what made the Judicial branch what it is today. The case made it acceptable for the Supreme Court to make the final say in Supreme Court cases. When Jefferson became President he started this feud between these two men. He gave Maddison a job the Marbury was not pleased about. Marbury got angry and sued Madison because he wanted to be in the Justice of the Peace. The Supreme Court made the decision that Maddison won the case even though it was not constitutionalized. The Supreme Court got the power after this case that the Executive branch did not have the power of. It gave both the Judicial and Executive branches their own limitations when it comes to the United States government. (Marbury vs. Madison) Hamilton believed that the Judicial branch has the least amount of power but this is proving it once had the same amount and importance of power as the Executive branch and just because they split in two and got their own boundaries does not make them anymore or any less powerful than one …show more content…
Sandford case was about black individuals that were trying to be citizens of the United States. The individuals were in the United States because of slavery and when it ended they thought they could just be citizens but the Supreme Court said no. (Dred Scott v. Sandford) Having this law is very important to this country especially now. Everyone wants to be a citizen of the United States and this law allows people to come to this country but if they want to become a citizen they need to work hard to become one. Hamilton never realized that everything the Judiciary branch could do is just as important as the other

Related Documents

  • Improved Essays

    The United States’ population had multiplied for many years; and as more people migrated to the U.S., the power that was derived from the citizens influenced the inflation of the government. Marbury v. Madison first paved the way to allow the judicial branch to have a true influence on this government. The events that lead to the hearing and how the case preceded directly affected how the verdict would influence the judicial branch’s powers. Once Thomas Jefferson,…

    • 964 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The legislative branch makes laws. The judicial branch interprets the law. No one branch of government has all the power because they are all separated which means tyranny doesn't…

    • 463 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    John Marshall Dbq

    • 158 Words
    • 1 Pages

    When John Adams appointed Federalists to various judicial positions before his term ended, James Madison discarded 17 commissions for justice of the peace, rather than delivering them to the men appointed. Though many of the men did not care about this position, Marbury filed a suit in the Supreme Court, demanding the order of the commission. John Marshall ruled that Marbury had a right to the commission. However, during this ruling, John Marshall declared an act of Congress to be unconstitutional. Marshall said that this law, the Judiciary Act of 1789, could not be used because it authorized an action which the constitution did not allow.…

    • 158 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Mcculloch V. Maryland

    • 500 Words
    • 2 Pages

    Madison, the Marshall Court settled that the idea judicial review is the only the judicial branch that can review whether laws and actions were approved. The Marshall Court declared the power of the Supreme Court that has the capacity to understand the Constitution and could use it to determine the legality of the other two branches actions. The Marshall Court modified how the Supreme Court was seen. In doing so the Marshall Court had an intense result on the American government.…

    • 500 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    For instance, the Dred Scott VS Sanford supreme court case and the Plessy VS Ferguson case. These cases were important in making this country free for all races as it is now. Without such cases to sort out right/wrongdoings who would know where we would be today. In 1846, Dred Scott, a slave, sued in a Missouri court for his freedom from his master.…

    • 798 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    At the Constitutional Convention of 1787, the delegates shared a commitment to an independent judiciary. People thought it would be good to have a co equal branch to serve alongside the legislative and executive branches.but delegates did not show up to philadelphia with a fully developed plan for the judicial branch. It has the ability to create courts, interpret the law,determining whether a specific law conforms to the Constitution,and applying the law to specific cases, typically ones that are disputed. john marshall became the fourth chief justice of the united states in 1801. A major influence in his life during the revolutionary war was george washington which was a close friend of marshalls.…

    • 618 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Document 1 shows that the Articles of Confederation restrain the government from having a national court system, along with the power to enforce laws. The judicial branch helps the United States in many ways, as they interpret laws and rule on cases between states. The executive branch enforces the laws, which is important to keeping Americans safe. Even though there is a national court system and a branch that enforces laws, neither of them have complete power due to checks and balances. The system of checks and balances chart shows that the branches of government are crucial and effective.…

    • 507 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Confederation Weaknesses

    • 838 Words
    • 4 Pages

    In Constitution, Watts states that the Constitution “…sets out the basic structure and functions of the various branches of government” (1). These being the executive, legislative and judicial branches. Our founding fathers wanted our country to be free from tyranny of the government and of the people, so they created the three branches of government and the system of checks and balances to make sure that one group does not assume more power than the other. The new structure for our government fixed many of the problems related to the Articles of Confederation. Under the Constitution, the states are no longer sovereign and the laws of the federal government are supreme.…

    • 838 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Under the system of Checks and Balances the power to rule is divided into the three branches of government. It includes the Legislative, Executive, and Judicial branches. James Madison states in the Federalist No. 51, “The distribution of power was intended so that each may be a check on the other.” In essence no branch can over power the other and together they make sure every branch is in upright.…

    • 949 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Thomas Jefferson and Alexander Hamilton 's social views differed greatly. Their ideals for who should be able to vote and the amount of confidence they had in the common man were like night and day. Hamilton understood people to be inconsistent and untruthful. They make decisions based on their own passions. Therefore, the voice should be given to the first class, whom he considered to be God 's chosen people.…

    • 1205 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Judicial Restraint Essay

    • 1859 Words
    • 8 Pages

    As we know about the Supreme Court, The Supreme Court is made up of nine justices, coming from varied religious and ethnic backgrounds with six males and three females. Presidents nominate Justices for life tenure and they must be confirmed by majority vote of the Senate. According to NY Times article that has the title” Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide”, on June 27th, the US Supreme Court decided 5-4 that same-sex couples have a ‘fundamental’ right to marry, and thus overturned the laws of at least 17 states. In this assignment, I will discuss the arguments both for and against judicial activism vs. judicial restraint, using the 2015 gay marriage case of OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT…

    • 1859 Words
    • 8 Pages
    Superior Essays
  • Decent Essays

    The Judiciary branch has the least power, according to Hamilton, because the Judiciary Branch is at the mercy of the Constitution and the Constitution alone. It only has the ability to judge whether the law is constitutional sound or not. The Judiciary Branch was solely tasked with interpreting the Constitution as it applied to law. This means that the court had no power to create laws or to enforce them, only the power to determine whether the laws hold up with the supreme law of the land, the US…

    • 90 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Just Government

    • 1281 Words
    • 6 Pages

    The US Constitution created three branches, the executive, the legislative and the judicial. These branches are independent but have actions they can take to ensure that the other two don’t misuse their power. Power was divided between houses and each house checked every other house so that there would be no excessive power. (Evidence)Due to this, the three branches have a balance between governmental power. The system of checks and balances tried to create a better government for the people by ensuring that no branch of the government had excessive power.…

    • 1281 Words
    • 6 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
  • Improved Essays

    Lastly, the Judicial branch then evaluates the laws, and check if they are constitutional or unconstitutional. This process is called Checks and Balances, “The system of separate institutions sharing some powers… its purpose is to keep power divided among the three branches” (Turner,27). By this definition not one power is meant to be all powerful, although…

    • 1331 Words
    • 6 Pages
    Improved Essays