judiciary

Examples of judiciary in the following topics:

• 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 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.

• Battles in the Courts and Congress

  • In some cases, the nominations were not processed by the Democratic-controlled Senate Judiciary Committee before Reagan's presidency ended, while in other cases, nominees were rejected by the Senate Judiciary Committee or even blocked by unfriendly members of the Republican Party.Both his Supreme Court nominations and his lower court appointments were in line with Reagan's expressed philosophy that judges should interpret law as enacted and not "legislate from the bench".

• The Division and Separation of Power

  • Montesquieu was one of the foremost supporters of separating the legislature, the executive, and the judiciary.
  • 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.
  • The only constitutional limit on Congress' power to set the jurisdiction of the judiciary relates to the Supreme Court.

• The Branches of Government

  • The United States Constitution set out three separate branches of government: the legislature, executive branch, and judiciary.
  • The only constitutional limit on Congress' power to set the jurisdiction of the judiciary relates to the Supreme Court.

• The Expansion of the Federal Government

  • 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 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 known as 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.

• The Virginia and New Jersey Plans

  • Cases involving these powers would still be heard by state courts unless appealed to the federal judiciary.
  • The federal judiciary is represented by a Supreme Tribunal, appointed by the federal executive, which has authority in federal impeachment cases and as the appeal of last resort in cases dealing with national matters (such as treaties).

• Watergate

  • In December, the House Judiciary Committee began its own investigation to determine whether there was enough evidence of wrongdoing to impeach the president.
  • At the end of its hearings, in July 1974, the House Judiciary Committee voted to impeach.

• The Cover-Up and the Unraveling

  • The House Judiciary Committee then opened impeachment hearings against the President on May 9, 1974.