The Judicial branch of the government is probably the least, and most misunderstood branch of the government, and with good cause. There’s not a whole lot said about the Judicial branch in the Constitution. (Of the three branches of government, the Judiciary branch has the shortest explanation.) The Judiciary branch is also one of the most controversial, possibly having an unbalanced amount of power. No ruling of the court has ever been successfully challenged by any other branch of government. So, in short, The Supreme Court has historically always had the last word.*
So what is the function of the courts? Is it to enforce law? Is it to craft it? Or is it something different. Article Three of the United States Constitution only gives a vague outline of what the purpose of the third branch of government is. (I won’t paste the entire Third Article here; pleas follow the link. )
Okay. What does that mean?
Judicial powers have been defined as: “[T]he guardians of the Constitution… Through fair and impartial judgments, the federal courts interpret and apply the law to resolve disputes.” (click here for source) So then it is the courts job to interpret how laws, and the Constitution applies to real world situations.
So what's the big deal?
As I mentioned earlier, the Supreme Court has never been successfully challenged by any other branch of government. Our governmental system was designed on a system of checks and balances. No branch of government was meant to have more power than the other, but how can this be if the high-court has never been challenged? The Supreme Court is also the only branch of government that is not designed to bend to the will of the people; they serve already existing law. Moreover, Supreme Court Justices sit on the court for life. The only way for this to be changed would be via a Constitutional Amendment. But, should it be changed? Has the high court been dysfunctional? I will leave it up to you to decide that. Until we meet again, farewell and amen.
Cody Hobbs
*The Supreme Court has overturned prior rulings, but only when challenged by a sitting Justis, not by any other branch of government.
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6 comments:
Hi. Thank you for your kind words re: Now, for a word... San Francisco is very much a political hotbed, as it always has been. It is virtually impossible to live here and not be politically involved on some level.
I applaud you for the intentions of your own blog ("getting young adults interested in the political machine"). That's something this country is in dire need of: the involvement of its citizens in the political process.
Thanks, Cody.
So then why are you so afraid that Alito will be legislating from the bench? The way your putting it, that should be part of his job. The Judiciary branch was not intended to have that kind of power - the power to interpret the law however they see fit. That's why there isn't a lot said about it in the constitution, the founding fathers did not think that it was a horribly important position because they are not there to interpret laws, they are just there to uphold the ones that have already been made.
~Virginia
A judge on any level there job is to look at the case in front of him and interpret what it means for said case. just look at the meaning of said word from websters dictionary
Interpret
: to explain or tell the meaning of : present in understandable terms
2 : to conceive in the light of individual belief, judgment, or circumstance
just what a judge does
So then why can't Alito legistale from the bench?
~Virginia
Virginia,
After hearing Alito in front of the Judiciary committee, I have found him to be a good nominee. And to legislate is to create new law all together, and that power is reserved for congress. A judge is simply intended to interpret (make clear to) how the law applies to each case.
Cody
However,
I absolutely agree with you that the framers did not intend for the judiciary branch to have as much power as they do. And I also think that you are correct in saying that the framers did not think the Judiciary was all too important.
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