“There were three branches, independent of each other, with varied duties and roughly equal. The greater power—overtaxing, spending, deciding whether to go to war, confirming members of the president’s Cabinet and justices of the Supreme Court”(Edwards). After the colonies had gained independence from Great Britain they needed something that would officially unite the thirteen colonies once and for all. They specifically needed a list of rules that each state could agree too. This is where the Articles of Confederation came in. The Articles of Confederation served as a written document that established the functions of the national government of the United States. Under the Articles of Confederation, the government did not have enough power. Issues were starting to arise; for example, states were printing their own cash disregarding national law, states were engaging in outside exchange dealings with foreign powers in infringement of national law, and states were forming their very own military. This emergence of problems led to a meeting known as the Constitutional Convention, which created the Constitution of the United States. This Constitution then created the three branches of government: the Legislative Branch, the Judicial Branch, and the Executive Branch. To prevent one branch from becoming too powerful a system of checks and balances was put in place. While some might think the Executive Branch is the most powerful of the three because the president enforces the laws and holds veto power, in fact the Judicial Branch of government is more powerful than the other two because judges and justices serve no fixed term and this allows them to apply the law with only justice in mind, and no electoral or political concerns.
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The President of the United States coordinates the Executive Branch of our nation. The President implements the laws that the Legislative Branch makes. The Legislative bit of our organization is called Congress. Congress makes our laws. Congress is secluded into 2 segments. One area is known as the Senate. There are 100 Senators- 2 from all of our states. Another part is known as the House of Representatives. Agents get together to discuss musings and pick if these considerations should advance toward becoming laws. The Judicial bit of our administration joins the Supreme Court and 9 Justices. They are outstanding judges who decipher laws as shown by the Constitution. These judges simply hear cases that identify with issues related to the Constitution. They are the most imperative court in our country. The administration lawful structure moreover has lower courts arranged in each state to hear cases including authoritative issues.
The system of checks and balances plays a vital role in the constitution. Without the system of checks and balances, one branch would become too powerful. Each branch “checks” the power of the other branches to make sure that the power is balanced between them. The process of how laws are made is a good example of checks and balances in action. To further elaborate, take this quote:
“First, the legislative branch introduces and votes on a bill. The bill then goes to the executive branch, where the President decides whether he thinks the bill is good for the country. If so, he signs the bill, and it becomes a law. If the President does not believe the bill is good for the country, he does not sign it. This is called a veto. But the legislative
branch gets another chance. With enough votes, the legislative branch can override the executive branch’s veto, and the bill becomes a law”(Infoplease).
Another example that shows why the system of checks and balances prevents one branch from becoming too powerful can be seen when the Supreme Court and other federal courts declare laws or presidential actions unconstitutional, in a process known as judicial review. In turn, the president checks the judiciary through the power of appointment, which can be used to change the direction of the federal courts.
Even though the system of checks and balances is in place the Judicial Branch is more powerful than the other two because Supreme Court Justices have no term limit which makes them in a way untouchable. Supreme court justices serve until their death, retirement, or conviction by the Senate. Impeachment and removal from the Supreme court are highly unlikely because of the fact that two supreme court justices Clarence Thomas and Brett Kavanaugh have been accused of sexual harassment. This is one case in which Supreme Court justice was questioned, but not impeached. Another example that shows the Judicial Branch is more powerful is the court’s decisions cannot be appealed to any authority, it is the final judicial arbiter in the United States on matters of federal law. (Include it wasn’t good)
The Supreme Court holds almost all of the power with its ability to implement Judicial Review. They system of checks and balances have become more flawed than ever after the executive branch has been reaching for more power. The fact that the Judicial branch is able to have so much weight in what happens is a problem. The ability to determine whether or not laws
or government actions go against the Constitution is a pretty powerful decision that ends up shaping public policy.
Another measure of the Supreme Court’s power is its ability to overrule itself. In 1954, the Supreme Court ruled in Brown v. Board of Education of Topeka that schools segregated by race were unconstitutional. This reversed the 1896 Plessy v. Ferguson decision that upheld the doctrine of “separate but equal.”(US history)
Even getting a hearing from the U.S. Supreme Court is an incredibly hard task. The Supreme Court is like the C.E.O of the company while everything under it is like small courts is different departments. The Supreme Court is the only high up system that is appointed not elected. From social equality to abortion to the issue of gay marriage, the high court has decided on key issues well outside the authoritative procedure. The possibility that the judges have last say over the importance of our Constitution — that once they have spoken, regardless of what they state, our lone response is the almost inconceivable undertaking of altering the Constitution or hanging tight for some of them to alter their perspectives or pass on or resign is just an outrageous thought and does not reflect the beliefs of democracy.
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The courts simply endeavor genuine cases and disputes — a get-together should exhibit that it has been harmed to get suit court. This infers the courts don’t give cautioning assumptions on the defendability of laws or the authenticity of exercises if the choice would have no helpful effect. Cases brought before the legitimate official customarily proceed from zone court to
re-evaluating court and may even end at the Supreme Court, in spite of the way that the Supreme Court hears about a couple of cases each year. The court’s authoritative power is coordinated by its political power since each opening on the court is a blessing to the overwhelming ideological groups. Regardless of the exchange over what involves the reasonable proportion of legitimate power, the United States government courts remain the most predominant lawful system in world history. Their ability is improved by life terms for judges and judges, and they accept a critical activity in propelling the central American views of opportunity, uniformity, and equity. So even though there is a system of checks and balances in place the Judicial branch has far more power over the other two. The Judicial branch even though it is “checked” by the other two it still has more power in shaping the lives of everyday Americans.
Taken into account what I have previously stated the Judicial Branch is the most powerful and influential Branch in the United States Government. The three branches of government play an essential role in the structure of the constitution. The system of checks and balances has good intentions but it’s execution is not adequate enough. In terms of the Supreme Court, it is of most significance due to its crucial role it plays in terms of establishing laws that Congress proposes.
- “Checks and Balances.” Infoplease, Infoplease, www.infoplease.com/us/government/checks-and-balances.
- “The Constitution.” The Judicial Learning Center, judiciallearningcenter.org/the-constitution/.
- Edwards, Mickey, et al. “We No Longer Have Three Branches of Government.” POLITICO Magazine, 27 Feb. 2017, www.politico.com/magazine/story/2017/02/three-branches-government-separation-powers-executive-legislative-judicial-214812.
- Holmes, Kim. “Has the Supreme Court Become Too Powerful?” The Heritage Foundation, 2016, www.heritage.org/crime-and-justice/commentary/has-the-supreme-court-become-too-powerful.
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