Congress. [3] Before the Constitutional Convention in 1787, the power of judicial review had been exercised in a number of states. In the years from 1776 to 1787, state courts in at least seven of the thirteen states had engaged in judicial review and had invalidated state statutes because they violated the state constitution or other higher law. [4] These state courts treated state constitutions as statements of governing law to be interpreted and applied by judges. These courts reasoned that because their state constitution was the fundamental law of the state, they must apply the state constitution rather than an act of the legislature that was inconsistent with the state
Every state has its own independent judicial system and in the judicial system the higher courts is the authority concerning the law with regard to state laws and the states viewpoint. The overall structure of the some state courts is comprised of three levels, which are the trial courts, the appellate courts and the supreme courts, although other states have only one level of appeal (Lawyer International, 2008). Trial procedures in the state courts are presided over by one judge and the cases begin at the trial level. The cases decided in a trial court are subject to the appeals and to the reviews by the appellate court. Some of the states, such as the District of Columbia or Puerto Rico, have one appeal level from the lower state court.
Explain the factors that limit the power and influence of the supreme court (15 mark) The Supreme Court, being part of the judicial branch of government is the highest federal court in the US, ensuring that both the legislature and the executive act in accordance with the constitution. However, due to the separation of powers, checks and balances have been placed upon the Supreme Court to ensure that it too acts in accordance with the constitution. Therefore the power and influence of the Supreme Court is limited as a result of the checks which are placed on it and the boundaries set by the constitution. Montesquieu’s separation of powers ensures checks and balances between each branch of government. * montesquieuThe President nominates Supreme Court justices * Senate has the power to approve or reject these nominations * Impeachment power (House) * Trial of impeachments (Senate) * Power to initiate constitutional amendments (to undo supreme court decisions) * Power to write new legislation * Authority to create courts inferior to the Supreme Court * Authority to set jurisdiction of courts (limiting the Court's ability to hear certain types of cases) * Authority to alter the size of the Supreme Court (may change the balance of power within the Court) The Supreme Court is also bound by practical considerations not set forth in the Constitution.
If the power wasn’t divided then there would only be the government; no President, Congress, or Supreme Court. This is how separation of powers prevents tyranny. Checks and balances prevents tyranny. According to Federalist paper #51, each branch has a strength over each other. The executive branch can nominate judges for the Supreme Court and can veto laws the Congress create.
But left it up to the individual states to establish lower federal courts of general jurisdiction. But left it to the discretion of Congress to establish lower federal courts of general jurisdiction. But left it up to the Supreme Court itself to establish lower federal courts of general jurisdiction. And granted the president the power to establish any lower federal courts he deemed necessary. Courts of original jurisdiction are: Usually federal courts.
Marbury v. Madison, 5 U.S. 137 (1803) Procedural History: William Marbury and other justice of the peace nominees filed suit pursuant to the Judiciary Act of 1792 directly with the Supreme Court of the United States seeking a writ of mandamus from the Court that would require Secretary of State James Madison to deliver their commissions as justices of the peace previously signed by the President. Legal Issue: Whether the Supreme Court may issue a writ of mandamus to Secretary of State James Madison compelling him to deliver the signed justice of the peace commissions. Facts: John Adams, as president of the United States, nominated Marbury and others to the position of justice of the peace for the District of Columbia. The Senate approved and consented to the nominees. The President signed the commissions as required by law and the Secretary of State at the time affixed the Presidential seal as required by law.
The last is the judicial branch. All are separated and have different jobs assignment but comes together to help resolve issues. Thus, the centerpiece of our systems is the doctrine of Separations of Powers that constitutionally assigned duties to the three branches of government: legislative, executive, and judicial to distinct and have checks and balances on each branch to prevent abuse of power from the government; it is to keep a democracy. The legislative branch internally has its’ own way of balancing powers. As you know the Legislative Branch is broken up into two parts or houses of the federal government of the United States of America consisting of the Senate and the House of Representatives.
The federal tort claims act is a procedure that bypasses the claim that a person is not allowed to sue the federal government under sovereign immunity. The FTCA covers all types of torts ranging from medical care regulatory activities, law enforcement, and maintenance of federal
Because federal governments cannot take care of every citizen in the United States, state governments can also raise standing armies to protect themselves such as California National Guard. Same as federal governments, there are court systems in state governments as well. There are federal courts and there are state courts. Even more, there are local governments, which are the governments on the city and town levels that are more varied than the state governments. In the United States, there are more than 86,000 local governments, and there are executive, legislative, and judicial branches in most of them.
Beyond the three basic branches of government, legislative, executive, and judicial, the Federal Courts are also divided. First is the Supreme Court, which only hears a limited number of cases that must fall within specific guidelines established by Congress. The cases may begin in the federal or state courts and they usually involve important issues regarding the Constitution or constitutionality of federal statutes. Under the Supreme Court is the Court of Appeals. Within the 94 U.S. judicial districts, they are further divided into 12 regional districts, each of which as a United States court of appeals.