judiciary

Examples of judiciary in the following topics:

• Debate over the Presidency and the Judiciary

  • During the Constitutional Convention, the most contentious disputes revolved around the composition of the Presidency and the Judiciary.
  • Most of the convention was spent deciding these issues, while the powers of legislature, executive, and judiciary were not heavily disputed .
  • Madison, however, did not believe that the judiciary should be truly independent, but rather be obligated to the legislature not the executive.
  • By insisting on the independence of the judiciary, Madison stepped away from the Articles of Confederation to create something entirely new.
  • James Madison authored the Virginia Plan, which contained important provisions on the presidency and judiciary.

• The Power of Judicial Review

  • Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
  • Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
  • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.

• Judicial Review and Marbury v. Madison

  • However, it deemed the Judiciary Act of 1789, which enabled Marbury to bring his claim to the Supreme Court, to be unconstitutional.
  • During this month, Adams and the Federalist Congress passed the Judiciary Act of 1801.
  • On March 3, just before the end of his term, Adams took advantage of the newly modified Judiciary Act by appointing 16 Federalist circuit judges and 42 Federalist justices.
  • The newly sworn-in Democratic-Republican seventh Congress immediately nullified the Judiciary Act of 1801 with their own Judiciary Act of 1802.
  • This new act reestablished that the judicial branch would once again operate under the dictates of the original Judiciary Act of 1789.

• The Judicial Branch

  • Constitution, the Supreme Court and federal courts make up the judiciary branch of the United States.
  • The judiciary is the system of courts that interprets and applies the law in the name of the state.
  • The judiciary also provides a mechanism for the resolution of disputes.
  • The judiciary branch is often tasked with ensuring equal justice under law.
  • The United States federal courts make up the judiciary branch of federal government.

• Judicial Federalism

  • Judicial federalism relies on the fact that the judiciary has a place in the check and balance system within the federal government.
  • The first Congress passed the Judiciary Act of 1789, which established the lower federal courts and specified the details of federal court jurisdiction.
  • Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution.
  • The Judiciary Act thereby incorporated the concept of judicial review.
  • Analyze the complex role of the state and federal judiciary in the federal system

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

  • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
  • Therefore, the 1789 Judiciary Act was unconstitutional and the Supreme Court could not compel the president to accept Marbury's appointment.
  • 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.

• Marbury v. Madison

  • 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 Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.

• Establishing Justice

  • As the third branch of government, the judiciary is the system of courts that interprets and applies the law in order to mete out justice.
  • The judiciary is the system of courts that interprets and applies the law in the name of the state.
  • Under the doctrine of the separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case.
  • The judiciary also provides a mechanism for the resolution of disputes.

• The Confirmation Process

  • During this process, a committee called the Senate Judiciary Committee conducts hearings, questioning nominees to determine their suitability.
  • The Senate Judiciary Committee personally interviews nominees, a practice that is relatively recent and began in 1925.
  • Before 1925, nominees were never questioned; after 1955, every nominee has been required to appear before the Senate Judiciary Committee and answer questions.

• Vertical Checks and Balances

  • It defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution.
  • Congress is in charge of ratifying treaties signed by the President and gives advice and consent to presidential appointments to the federal, judiciary, and executive departments.
  • He makes appointments to the federal judiciary, executive departments, and other posts with the advice and consent of the Senate, and has power to make temporary appointments during the recess of the Senate.