Judiciary and Supreme Court
Kyhairra White
Savannah State University
American Government
November 20, 2020
- The constitution establishes the judiciary as the separate branch of the federal government that is empowered to hear cases all cases arising under the constitution; Hamilton referred to the supreme court the “the weakest branch” of the government because the court has no force or will but merely judgments that depend upon the help of the executive arm even for the effectiveness of its judgment. In his mind, Hamilton posed that the judiciary had no threat to anyone since it had no impact over either the sword or the sword. He also posed that the Supreme Court had no track either of the strong suit or the civilization’s wealth, and it can’t take any active resolution either. In his mind, Hamilton thought that the Supreme Court had no ability to enforce its will by financing itself or brute force. He saw that its coordinate branches influence the judiciary.
- President Obama signed into law the patient protection and affordable act in the year 2010. The act was felt like the most comprehensive change to health care in the US since the enactment of Medicaid in 1965. Several concerns came up from all demographics and political aisle. Part of the raised concerns were legal questions concerning constitutionality, and so lawful processes began to address this concern. They argued that the requirements of Obama care’s care that required almost all the citizens of America to obtain this insurance or pay the income penalties were unconstitutional and wanted the entire law to be scrapped. Some gave reasons that it was against the constitution and beyond the congress control scope to ask America’s citizens to purchase a private market commodity. This led to the first Supreme Court to uphold the law in the year 2012.
- The major opinion of the Supreme Court is a judicial judgment decided and agreed to by more than half of the judicial members of the Supreme Court.
For example, in America’s history, Dred Scott, a slave from Missouri, was brought into Wisconsin Territory by his master where slave illegitimate. Dred claimed that from that particular time onwards, he was a free man. The Court ruled 7-2 against Dred Scott’s claims to liberty. The court went further, ruling that the blacks in America had no right to sue, and they were not inhabitants of America. After the civil war and with the thirteenth, fourteenth, and fifteenth amendments, the Dred Scott Decision was overturned.
- Although justice Thurgood Marshall and Clarence Thomas had few things in common, the most obvious of the same race, the two had different approaches towards interpreting the law where they differed much; according to Thomas, it demanded understanding the Constitution looking to the arguments in the document. In 2005, he said that “the Constitution’s original meaning” should outdo previous judgments if those decisions are “wholly divorced from the text, history, and structure of our founding document.” On the other hand, Thurgood Marshall referred to the Constitution as a “living document” and notably described his
Jurisdictional philosophy is “you do what you think is right and let the law catch up.”
- Supreme case “Citizen United” was a case involving a non-profit making association. Whether the organization’s film serious of a political contender could be defined as an “electioneering communication” under the McCain-Feingold Act. Decided in the year 2010, the Supreme Court held that commercial funding of independent political programs in candidate elections could not be limited.
Citizens United allowed persons and organizations to develop committees “political action committees” that could raise unrestricted funds to run political advertising.
This is because this would go against the First Amendment.
- Judicial review refers to the court of law’s powers to decide the legitimacy of acts of the executive and jurisdictive government branches. For example, Roe v. Wade (1973): The Supreme Court lined that state laws barring abortion were illegal. The Supreme Court held that a women’s right to an abortion was under the right to privacy as protected by the Fourteenth Amendment. The Supreme Court’s decision affected the laws of 46 states in the US.