judicial power

Examples of judicial power in the following topics:

• The Last Days of the Federal Presidency: The Midnight Judges

  • Chief Justice Marshall ruled that the Constitution did not grant the Supreme Court power to issue such writs.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • According to the Constitution, there is one simple provision that "the judicial power of the United States shall be vested in one supreme Court. " What this judicial power was or how the Court was to wield it is left remarkably blank in the rest of the document.
  • Madison, Justice Marshall defined the Court's judicial power as the authority to judge the actions of the other two federal branches of government—claiming that judicial review was a logical and implicit principle established in the Constitution.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.

• Separation of Powers

  • This philosophy heavily influenced the writing of the United States Constitution, according to which the legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power.
  • Congress had delegated to the courts the power to prescribe judicial procedure, and it was contended that in doing so Congress had unconstitutionally clothed the judiciary with legislative powers.
  • Judicial power—the power to decide cases and controversies—is vested in the Supreme Court and inferior courts established by Congress.
  • If a court's judges do not have such attributes, the court may not exercise the judicial power of the United States.
  • Courts exercising the judicial power are called "constitutional courts. "

• The Power of Judicial Review

  • Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority.
  • Judicial review is an example of the separation of powers in a modern governmental system.
  • Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories on democracy and how a government should be set up, legislative supremacy and separation of powers.
  • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.
  • Explain the significance of judicial review in the history of the Supreme Court

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
  • The question of judicial activism is closely related to constitutional interpretation, statutory construction and separation of powers.
  • Detractors of judicial activism argue that it usurps the power of elected branches of government or appointed agencies, damaging the rule of law and democracy.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

• The Supreme Court as Policy Makers

  • The Constitution does not grant the Supreme Court the power of judicial review but the power to overturn laws and executive actions.
  • The Constitution does not explicitly grant the Supreme Court the power of judicial review but the power of the Court to overturn laws and executive actions it deems unlawful or unconstitutional is well-established.
  • Many of the Founding Fathers accepted the notion of judicial review.
  • The Supreme Court first established its power to declare laws unconstitutional in Marbury v.
  • On the other hand, through its power of judicial review, the Supreme Court has defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government.

• Judicial Federalism

  • Judicial federalism is a theory that the judicial branch has a place in the check and balance system in U.S. federalism.
  • Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty or to review an administrative regulation for consistency with a statute, a treaty, or the Constitution itself.
  • The United States Constitution does not explicitly establish the power of judicial review.
  • Rather, the power of judicial review has been inferred from the structure, provisions, and history of the Constitution.
  • Since that time, the federal courts have exercised the power of judicial review.

• The Division and Separation of Power

  • The Separation of Powers is defined as the division of the executive, legislative, and judicial branches of government.
  • This philosophy heavily influenced the writing of the United States Constitution, according to which the legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power.
  • Congress delegated the power to prescribe judicial procedure to the courts; it was contended that Congress had thereby unconstitutionally clothed the judiciary with legislative powers.
  • Courts check both the executive branch and the legislative branch through judicial review.
  • The Supreme Court later established a precedent for judicial review in Marbury v.

• Marbury v. Madison

  • The landmark Supreme Court case,, firmly established the basis for the exercise of judicial review.
  • The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
  • The petition was therefore denied, but more importantly, the precedent for the Court's power of judicial review - not specificially enumerated in the Constitution - was established.
  • Madison, refers to the establishment of the principle of judicial review.
  • Madison created between the executive and judicial branches of government

• Judicial Review and Marbury v. Madison

  • However, Marshall also found that Congress’s Judicial Act of 1789, which would have given the Supreme Court the power to grant Marbury remedy, was unconstitutional because the Constitution did not allow for cases such as Marbury’s to come directly before the Supreme Court.
  • Thus, Marshall established the principle of judicial review, which strengthened the court by asserting its power to assess (and possibly nullify) the actions of Congress and the president.
  • Many legal scholars argue that the power of judicial review in the United States predated Marbury v.
  • Nothing in the text of the Constitution, however, had explicitly authorized the power of judicial review prior to this monumental case.
  • Madison and the ensuing principle of judicial review

• Checks and Balances

  • Lastly, the legislative has sole power of impeachment (House of Representatives) and trial of impeachments (Senate); it can also remove federal executive and judicial officers from office for high crimes and misdemeanors.
  • Courts check both the executive branch and the legislative branch through judicial review.
  • Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself.
  • The Supreme Court's landmark decision on the issue of judicial review was Marbury v.
  • Since that time, the federal courts have exercised the power of judicial review.