There are three federal branches in the U.S.; the legislative, executive, and judiciary. The judiciary branch has the “power” to evaluate law. It is able to take down a law or an executive branch to be declared as unconstitutional. However, declaring a law unconstitutional is not that easy for the courts. In Federalist NO. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them. This is evident since the judicial branch cannot enforce power, it cannot approach matters, but matters have to seek the judiciary, and public opinion influences the court’s decisions to a great extent. When the President and Congress think that …show more content…
When the public decides to choose a side the court generally tends to side the public opinion more than strictly paying heed to the Constitution. An instance of when this happened was when Gay Marriage Rights were established on April 28, 2015. Many organizations were founded to help raise awareness and gain gay marriage rights. Even today there are many organizations that exist for LGBTQ. One such organization that is well known amongst the youth today is the Gay-Straight Alliance. Public opinions are mostly seen through riots and protest. One such riot to convey public opinion was the Stonewall Riots. This riot led to influencing the court’s decision regarding gay rights. The Stonewall Riots took place after the New York Police raided a gay club, causing a disturbance among the community. The system of checks and balances is meant to even power within the Federal Government, but within we know it has its flaws. The judiciary has the least power of them all it is meant to evaluate laws that have been challenged. Executive carries out laws whereas the legislative makes laws. The formation of interest groups and the actions taken by the public greatly impact the power of the judiciary branch as well. Alexander Hamilton 's Federalist NO. 78 paper describes the correct reasoning of as to why the judicial branch has the least power of all
I would have to disagree with Mr. Hamilton because the Judiciary, specifically the Supreme Court, is a powerful branch of the
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.
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.
They have power to ensure the law is constitutional. If it is not, the Supreme Court has the power to deem the law unconstitutional which causes it to be nullified. Within the Federalist papers one of their main focuses was explaining the power of checks and balances. Each branch of government had a power to keep the other from getting too powerful. In Federalist Paper No. 51 Madison writes, “If men were
“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.
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.
The three branches of government include the executive, legislative, and judicial, each of them having different and vast responsibilities throughout the government. In order for these branches to co exist there is a system of checks and balances which allows the branches to share power. However, these checks and balances cant always induced the sharing of power, one branch might have more power than another, and I believe the most powerful branch is the judicial. I believe the judicial branch is most powerful because the supreme court resides within, and it has the final say in how power is used, even though all the branches have some degree of power at various times. This is because it can reverse decisions made by other judges, declare
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 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
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
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.
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.
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".
The executive branch can check the laws congress wants to pass and can veto them if he disagrees. The Legislative branch can check the executive by accepting the already vetoed law and can impeach or fire the president out of office. The Justice Branch can make sure peoples rights and liberties are being followed and check if the laws follow the constitution's rules. In the text, it says “To further limit government power the framers provided for separation of powers the constitution separates the government into three branches Congress of the legislative branch makes the laws. The executive branch headed by the president carries out laws.