Wednesday, 8 June 2016

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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