Judicial Branch Essay
THE CURRENT POWER OF THE BRANCHES OF OUR FEDERAL GOVERNMENT
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The Current Power of the Branches of Our Federal Government An Opinion Brandon Parrish Fairmont State University
Author Note This paper was prepared for Political Science 1103, Section 11, instructed by Professor Christina Gouzd.
THE CURRENT POWER OF THE BRANCHES OF OUR FEDERAL GOVERNMENT Abstract In the United States, our constitution establishes and defines three separate branches for our federal government. These branches are the Legislative Branch, Executive Branch, and the Judicial Branch. It is widely argued that the framers of the Constitution used this specific order to show the branches in which they thought to be of most and least importance. This examination …show more content…
The second branch established by the Constitution is the Executive Branch, so done by Article II. The Executive Branch is responsible for enforcing laws, which have been enacted by Congress, and is headed by the president. The third branch, established by Article III, is the Judicial Branch, responsible for interpreting the Constitution and other federal law, and trying civil and also criminal cases. The greatest power had by the judicial branch is arguably the power of Judicial Review. Judicial Review is the power the judiciary holds to determine constitutionality of laws enacted by the congress. This power is not enumerated in and given to the judiciary by the constitution, instead it exists only because of a ruling of this same branch not made until 1803. The Supreme Court decision of Marbury v. Madison established the high court and lower courts’ power to review legislation for the purposes of determining constitutionality (Cranch). Because this power is only held because of a ruling by itself and not because it was assigned by the constitution, the judicial branch is therefore inherently the least
1
The Current Power of the Branches of Our Federal Government An Opinion Brandon Parrish Fairmont State University
Author Note This paper was prepared for Political Science 1103, Section 11, instructed by Professor Christina Gouzd.
THE CURRENT POWER OF THE BRANCHES OF OUR FEDERAL GOVERNMENT Abstract In the United States, our constitution establishes and defines three separate branches for our federal government. These branches are the Legislative Branch, Executive Branch, and the Judicial Branch. It is widely argued that the framers of the Constitution used this specific order to show the branches in which they thought to be of most and least importance. This examination …show more content…
The second branch established by the Constitution is the Executive Branch, so done by Article II. The Executive Branch is responsible for enforcing laws, which have been enacted by Congress, and is headed by the president. The third branch, established by Article III, is the Judicial Branch, responsible for interpreting the Constitution and other federal law, and trying civil and also criminal cases. The greatest power had by the judicial branch is arguably the power of Judicial Review. Judicial Review is the power the judiciary holds to determine constitutionality of laws enacted by the congress. This power is not enumerated in and given to the judiciary by the constitution, instead it exists only because of a ruling of this same branch not made until 1803. The Supreme Court decision of Marbury v. Madison established the high court and lower courts’ power to review legislation for the purposes of determining constitutionality (Cranch). Because this power is only held because of a ruling by itself and not because it was assigned by the constitution, the judicial branch is therefore inherently the least