Essay on The Power Of The Judiciary - 1649 Words

The Power of The Judiciary nbsp;nbsp;nbsp;nbsp;nbsp;When the founding fathers of our country, and by that I mean the Federalists, were creating the system of government for America, they knew that a separation of power would be necessary to protect the American people from the evils of a monarchy or dictatorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was to have the Legislative make the laws, Executive enforce the laws, and the Judiciary interpret the laws, and it was Madisons system of quot;Checks and Balancesquot; that would keep the three in check. No one branch would be able to exploit its power without the scrutiny of one of the other†¦show more content†¦nbsp;nbsp;nbsp;nbsp;nbsp;What Dahl is basically trying to say is that the evolution of the Supreme Court has made it very involved in decisions concerning important policy issues of the American political system. When it renders a decision on these policy issues, it is in fact changing or creating new policy itself. Now to say that the Supreme Court is only the highest legal institution of the United States would be doing a it a terrible injustice, not to mention selling it extremely short on the credit it deserves for the job that it is doing. The Supreme Court is without a doubt, a very capable and extremely involved branch of government, equal in power to the Legislative and Executive branch, and well adapted in the duties involved in the system of quot;Checks and Balancesquot; that the Federalists established so many years ago. nbsp;nbsp;nbsp;nbsp;nbsp;The founders intentions for the Judiciary Branch was to interpret the laws that the Legislative made, and the document by which their standards would be set would of course be the Constitution of the United States. The Supreme Court would render decisions based on the laws drafted into the Constitutions, and it would be asked to interpret them to the best of their ability. Because of this expectation to quot;interpretquot;, the Supreme Court has been allowed to develop theShow MoreRelatedThe Federalist Papers By Alexander Hamilton778 Words   |  4 Pagesthat stated it threatened the freedom and liberty of individuals, and gave too much power to the national government. The 78th essay of the Federalist Papers was written by Alexander Hamilton in efforts to address one of these concerns, that anti-federalists feared the independence of the Judiciary. 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(R.B Bernstein)Read MoreSeperation of Powers and the Rule of Law Essay1040 Words   |  5 Pageslaw and must exercise its power according to the law, finally that ‘there exist fundamental individual liberties and minimum standards of justice, to which the law must conform’ . The rule of law is problematic to define but p ut simply it is not ‘the rule of men’ and is evident in societies with functioning judiciaries and a clear separation of powers such as New Zealand. It is one of several intrinsic attributes of our constitutional makeup and overall the Judiciary aid in ‘ensure[ing] that theRead MoreSeparation of Power731 Words   |  3 Pageswish to abandon the doctrine of separation of power but however, this notion shall follow the Montesquieu approach as he provides for a separation of power that aims at having separate institutions doing separate function by separate personnel and having the checks and balance that will control the powers of these organs. 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