the judiciary

Examples of the 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.
  • 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.
  • During the Constitutional Convention, some the most contentious disputes revolved around the composition of the Presidency and the Judiciary.
  • 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 civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.
  • 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

• 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

• 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 Supreme Court of the United States is the highest court in the United States .

• Policy Implementation

  • The implementation of policy refers to actually enacting the proposed solutions.
  • A policy needs to be communicated from the creator (e.g., a local official, or the President) to the relevant governing body within the bureaucracy that has the power to enact it.
  • Too much ambiguity in this stage can lead to involvement by the judiciary that will force legislators to clarify their ends and means for policy implementation.
  • The judiciary may overrule the implementation of such policies.
  • Describe how policies are implemented and the challenges that accompany the process

• Senate Confirmation

  • Under the United States Constitution and law of the United States, certain federal positions appointed by the president of the United States require confirmation (advice and consent) of the United States Senate.
  • In theory, this procedure allows both the executive and legislative branches to have some power over the judiciary and thus check the judicial branch's power.
  • The judicial branch, however, holds the potential to nullify laws approved by the legislative branch, disregard the executive branch, and, (in essence) control the rule of law in the United States in accordance to the opinions of its sitting justices.
  • Under the Constitution, the Senate have advice and consent on any nominations made by the President to the Supreme Court of the United States.
  • Here, the Senate Judiciary Committee confirmation hearings of John Roberts to be Chief Justice of the Supreme Court of the United States, 2005.

• Vertical Checks and Balances

  • Some of these constitutional provisions enhance the power of the national government; others boost the power of the states.
  • 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.
  • The executive branch (President) is the commander-in-chief of the armed forces.
  • 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.

• 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.
  • The nomination came shortly after the Court handed down the landmark Brown v.
  • Once the Committee reports out the nomination, the whole Senate considers it.
  • Before 1925, nominees were never questioned; after 1955, every nominee has been required to appear before the Senate Judiciary Committee and answer questions.

• The Powers of National Government

  • The federal government is composed of three branches: executive, legislative, and judiciary, whose powers are granted by the Constitution.
  • Powers are vested in Congress, in the President, and the federal courts by the United States Constitution.
  • The powers of the federal government have generally expanded greatly since the Civil War.
  • Since the United States was formed, many disputes have arisen over the limits on the powers of the federal government in the form of lawsuits ultimately decided by the Supreme Court.
  • The Judiciary explains and applies the laws.