Judiciary and Supreme Court
Sierra Wallace
Savannah State University
POLI 1101-05
Professor Bongard
November 20, 2020
1.The constitution establishes the judiciary of which the Supreme Court is apart as a separate branch of the federal government; under the constitution, it’s empowered to hear all cases arising under the constitution under the laws of the United States and treaties, Alexander Hamilton called the judicial branch the weakest branch of the federal government, because he noted that the Congress has the power of money the president has the power of the military and the courts have the power only of judgment, meaning the legitimacy of the courts depends on the wisdom of their decisions. “…the judiciary is beyond comparison the weakest of the three departments of power.”
- For accepting the case during his 2012 term court accepted a case challenging the healthcare reform passed by Congress in 2010. The court had compelling reasons for doing so; not only did the actions affect millions’ lives, but constitutional challenges in the lower courts had resulted in conflicting rulings, which the supreme court felt compelled to resolve. When the Supreme Court hears a case, the opposing sides present their arguments subject to questioning by the justices; after the oral hearing, the justices meet privately to discuss themselves. They then vote on it and assign one of the justices to take the lead in writing what’s called the majority opinion.
- It is the opinion that serves as precedent, a term that that refers to a ruling that guides judges’ decisions when faced with similar cases “citizens united “is an example in it the supreme court held that the ban on corporate and union election spending was a violation of their first amendment right of free speech. This precedent led independent expenditure groups, which are not corporations or unions, but instead advocacy groups to challenge limits on the amount they could receive from campaign contributors.
- Marshall was the first African-American to serve on the court, and Bush appointed Clarence Thomas, the court’s second black American, to replace him. The race was the only thing the two men had in common. Marshall was one of the most liberal justices of his era. Thomas was to become one of the most conservative justices on the court.
- This is an example of the majority opinion. In it, the Supreme Court held that the ban on corporate and union election spending was a violation of their First Amendment right of free speech. This precedent led independent expenditure groups, which are not corporations or unions, but instead advocacy groups, to challenge limits on the amount they could receive from campaign contributors. In 2010, a federal appellate court, citing Citizens United as precedent, ruled that the contribution limits violate the First Amendment. This was done since it was about both law and politics. As a court of law, the Supreme Court operates in the context of law, including provisions of the constitution and congressional statutes and precedents set by earlier court rulings.
- 6. Judicial review refers to a court’s power to decide whether another governmental institution has acted within its constitutional powers and, if not, to nullify its actions. Judicial review is the most powerful tool available to a court. By applying it, the court is substituting its judgment for another institution’s judgment, basically telling the other institution that its action doesn’t count. An example of a judicial review is when an institution has presented a case to the supreme justice