judicial power

Examples of judicial power in the following topics:

• 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. "

• Article III

  • Article Three of the United States Constitution establishes the judicial branch of the federal government, including the Supreme Court and lower federal courts.
  • The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
  • The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
  • The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

• 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 Powers of State Government

  • State governments are structured in accordance with state law and they share the same structural model as the federal system; they also contain three branches of government: executive, legislative, and judicial.
  • The Tenth Amendment states that all governmental powers not granted to the federal government by the Constitution are reserved for the states or the people.
  • A supreme court that hears appeals from lower state courts heads the judicial branch in most states.

• 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.

• Vertical Checks and Balances

  • Some of these constitutional provisions enhance the power of the national government; others boost the power of the states.
  • The legislative branch (Congress) passes bills, has broad taxing and spending power, controls the federal budget and has power to borrow money on the credit of the United States.
  • It has sole power to declare, as well as to raise, support, and regulate the military.
  • The branch has sole power of impeachment (House of Representatives) and trial of impeachments (Senate), meaning it can remove federal executive and judicial officers from office for high crimes and misdemeanors.
  • The judicial branch (Supreme Court) determines which laws Congress intended to apply to any given case, exercises judicial review, reviewing the constitutionality of laws and determines how Congress meant the law to apply to disputes.

• Checking the Power of the Governing Party

  • The legislative branch can significantly affect the power of the governing party by employing a series of checks and balances.
  • The Democratic and Republican Parties can check the power of the governing party by holding seats in the legislative branch of the government.
  • The Senate has the power to consider presidential appointments of judges and executive department heads.
  • The House of Representatives has the ability to impeach and the Senate may remove executive and judicial officers.
  • The House and Senate may, additionally, override presidential vetoes and have the sole power to declare war.