Role of the judiciary
The final branch of government we need to consider is the judiciary,
which would seem somewhat appropriate since the judicial branch is by far the
weakest of the three. However, by international standards the Supreme Court of
the United States (SCOTUS) is probably the most powerful judiciary in the
world. It has a range of powers at its disposal such as constitutional
interpretation and judicial review. It can even decide to impeach the Head of State
for grave crimes and misdemeanors. Given the extent to which judicial
independence exists, the judicial branch of government is of significant
interest to anyone seeking to comprehend American politics.
Given
the litigious character of the states, and the importance awarded to the
codified constitution; the judicial branch of government undoubtedly plays a key
role within the political process. A number of landmark decisions in recent
years have affected the political process in some manner. Since the turn of the
century, notable examples to consider include Bush v. Gore (2000), DC v. Heller
(2008), Citizens United v. FEC (2010), NFIB v. Sebelius (2012) and US v. Windsor (2013). One might
also consider a number of cases concerning the war against terror, particularly
under the Bush administration. It is therefore important to recognize that the
role of the judiciary goes beyond mere academic interest within the field of
law. Judgments reached by the Supreme Court (and the federal courts) will at
times hold major political implications. Indeed, such cases belong as much to a
politics course as they do in a law module. Given the political importance of
the judicial branch, one must recognize the overall significance of the
judiciary in regards to mastering politics within the states. It is also worth
noting that the judicial branch is usually introduced after some grounding in
the Constitution, the legislature and the presidency. Given the importance of the judicial branch, it seems appropriate to begin with the issue of judicial activism ...
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