American Judiciary Discussion and Responses
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Please read Chapter 6 “Specialized Courts.” (file attached)
Assignment: ONE PARAGRAPH. OPINIONATED
How much power should courts have? What are some of the checks that we have on the power of courts in our country. Are these checks too little, too much, or the appropriate level of restraint on judicial power? What are some of the advantages of having a powerful judiciary? What are some of the disadvantages?
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STUDENT 1- ” The courts have limited power that helps them implement the decisions that they make. The most important power is that of judicial review. Another measure of power is its ability to overrule itself. The judges have the power to interpret and apply laws. The supreme court has the power to declare legislative acts of violation The balances were developed to ensure that non one branch would become too powerful. Some of the checkers that we have on our courts’ powers include a declaration of laws by the supreme court in a judicial review process. The president also, in turn, checks the judiciary through the appointment power. The constitution, bypassing amendments, checks supreme court decisions. The checks list is too little because it makes the judicial branch the least powerful, considering it cannot ensure the implemented decisions are enforced. The advantages of having a powerful judiciary include providing a check system to other government branches.Additionally, it supplies helpful insight, where judges can use personal judgment where the law fails. Having a powerful judicial also helps have an individual voice to fight unjust issues. Through judicial activism, personal feelings to strike down can be used by judges. The judicial also have an own system of checks and balances, this helps to overrule unjust law with an appeal to another court. On the other hand, there are some advantages to having a powerful judicial system one of them being influenced by personal affairs. Moreover, the appointment of judges is made rather than electing them. Judges in the judiciary are appointed, therefore leaving people with no say on how judges should rule. The judiciary also does not apply any law, which technically means no laws are before their eyes.”STUDENT 2- “It depends in my opinion. If we look a the traditional three branches (Legislative, Executive and Judicial branches), the Supreme Court does have a good amount of power because the constitution did not specified what the powers of the Supreme Court but they are famous for revising laws passed by the Executive Branch and to declare if the laws passed by the President are unconstitutional or not. But also I have to mention that the Legislative Branch can impeach judges from the Supreme Court and they also can check the decisions that the Supreme Court makes so there is check and balances between the three branches. So I would say their is a balance there in between where as of now I don’t neither of three have more power over another. Also originally there were only 6 Supreme Court Judges now there is 9 of them so we can say that the Supreme Court have seem an increase of power over the years and whether that’s good or bad I’m not sure, but is definitely something to have a discussion about it.And the advantages of having a powerful judiciary? I believe there is not much advantages, I think one could be that if one branch was more powerful than other they would be able to pass more laws without other departments interfering much, But there is a big disadvantage because if a branch is more powerful than others they can definitely abuse their power to implement laws that only favors them more than the other branches so it will have a very unbalanced system that I believe it will not work at all and will be a disaster if it ever happens. We need to keep each branch in check so neither get too much or too little.”
