I disagree with Alexander Hamilton’s statement that the "Judiciary is the weakest branch of government. " The United States government is divided among three branches: the executive, the legislative, and the judicial. The executive and legislative branches are selected by the people, but the members of the Judicial Branch are chosen by the President. Which already shows how important the judicial branch is. The judicial branch is essential because it supplements the other two branches.
When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
It is this branch that can also hear appeals and interpret the laws of the constitution. The Judicial power of the United States is vested in the Supreme Court. Justices of the Supreme Court are appointed by the president but must be confirmed by the Senate. Every bill must be proposed and passed through the House of Representatives and Senate then sent to the president to be signed into law. If the president does not approve of the law he will send it back to congress with his objections and the law must then be voted by 2/3 the House and Senate to become law.
One of the ways that the United States guarded against cruel and oppressive government or rule was that they made the three branches of government. These three branches were the Executive Branch, the Legislative Branch, and the Judicial Branch. This helped guard against cruel and oppressive government or rule because “they were separate and distinct powers.” (Doc B) This would help to guard against cruel and oppressive government or rule because all of these powers were separated so there wasn’t one overpowering government.
There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.
In Federalist No. 78, Alexander Hamilton lays out his vision for the Supreme Court of the United States. In this essay, Hamilton explains that the court should function as a “bulwark against majoritarian excesses” (O’Brien 181). His intension was for the court to protect the rights of the minority of the people against the tyranny of the majority. Hamilton makes the assurance that the court will use separation of powers as a “check” on Congress in order to protect against popular will (O’Brien 22). To accomplish this, the court had to function as an independent body in order to “safeguard” against the will of the majority and “occasional ill humors in the society” (O’Brien 349).
The Constitution is the greatest document to teach “the question of how free and equal citizens check and channel power both to protect themselves from domination by one another and to secure their mutual protection from external forces that might seek their domination” (Allen 9). To do this, the Constitution created the separation of powers and the system of checks and balances so that each branch of government does not have domination over the other. Each branch of government has a specific area of responsibility and was made to not have too much power over the others, to keep an unbiased system of
I would have to disagree with Mr. Hamilton because the Judiciary, specifically the Supreme Court, is a powerful branch of the
The final branch is the Judicial branch, which evaluates laws by analysing the meaning of laws, applying laws to individual cases, and determining if laws violate the Constitution. Showing that America is a free country and will remain free, the Three Branches allow balance in the system of government and power, as it divides the power of the government. It ensures that the government is effective and protects the rights of the people instead of tyranny from a more concentrated
THE STONEWALL RIOTS The Stonewall riots are widely believed to be the single most important event leading to the gay liberation movement and the modern fight for LGBT rights in the United States. Considered by some to be the "Rosa Parks" moment of the gay rights movement in America, the riots were a series of spontaneous, violent demonstrations against a police raid of the Stonewall Inn in Greenwich Village, New York, in the early hours of June 28th, 1969. This single event has left a resounding impact on the fight for LGBT rights that can still be seen today. Throughout the 50s and 60s in the United States, the FBI along with local police departments kept close watch on what they believed to be "homosexual activity".
“A group of people decided they’d had enough. They took a stand and in doing so began the New York Gay Activist movement. Which eventually spread to other parts of the country…. I very much doubt they know the impact of their decision to stand firm that day in 1969, but it’s because of those people that gay rights exist in this country today,” Lynley Wayne, LGBT Writer. Everyday people are trying to stand up for themselves.
In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
The Importance of Marriage Equality President Barack Obama gave a speech in result of the Supreme Court 's decision for Marriage Equality in 2015 in the Rose Garden. His remarks stated that this was a notable achievement for America, in a formal, cohesive, and celebratory manner. President Obama’s speech reiterates the importance of equality for all Americans, and in the end “love is love”. For centuries the LGBT community has lived in the shadows.