The federal government of the United States of America is split into three separate branches: political, executive, and judicial, which encompasses the United States Supreme Court and the Federal judiciary, and whose powers are conferred on the Legislature, the President, and the federal courts, respectively, by the United States Constitution. “It is rare if a political question does not become, sooner or later, a legal question” (Echeverria, Durand, and Alexis 630). As a result, the American judiciary is in a truly dominant way. The reason for much of its power is the principle of judicial review of the actions of the executive and the legislative branches of government at both state and federal level against a written constitution and the power therefore to interpret the constitution. With the functions required of the American Judicial system by the constitution, the judiciary becomes, in fact, the most important arm of the government.
Number one function is to interpret the law. Some cases are brought before the judiciary in which the question of the interpretation of the law arises, because in such cases in law is not all that clear (“Cram.Com: Create and Share Online Flashcards”). Even such matters are brought before them in which the laws are silent. In such occasions, the judiciary is required to give its decision. In later dates, these decisions are quoted in similar cases. The judiciary decides cases and controversies that are matters about the federal government, disputes that exist between states and right interpretation of the Constitution of the United States. Overall, there can be a declaration that the legislation or executive action made at any level of the government as unconstitutional, rendering it void and creating a precedent for future law and decisions. It shows that without the judiciary, both the legislature and executive may violate the constitution to suit selfish motives and even escape strict law requirements (“Free Essays, Term Papers, Research Paper, And Book Report”). Thus the judiciary is essential. The federal court’s powers extend both to civil actions for damages and another redress, and to criminal cases arising under federal law. Citizens are given many rights by the state through the laws of the parliament. The courts protect these rights.
Many cases of relationship to disputes between the citizens, or between the executive and the citizens, are brought before the courts. In most cases, the judiciary’s decision in these cases always prevails. In such an incident the judiciary is the mediator and all the parties involved that is the executive, and the citizens have no otherwise but to abide by the judicial decision. This makes the judiciary an important arm of the government.
Chief Justice Marshall of USA decided in Marbury v. Madison (1803) that the courts had the inherent right to declare the acts of Congress invalid. If a law passed by the Congress violates the constitution, that law shall be declared null and void since the American constitution is the supreme law of the land and it’s the sole duty of the judiciary to protect it. In the case of reviewing Acts of the Congress or the various actions of the executive directed against the constitution there comes an inevitable need to interpret the constitution that must obviously be done by the Judiciary (“Political Science Notes”). Another aspect that makes the judiciary most important arm of the government is that it decides on the conflicts of jurisdiction between the center and state Government in federations. There is always a possibility of conflicts arising between the center and the state over jurisdiction matters. The Supreme Court is the one to give direction and decision about such disputes that must be honored. In the USA history, it has been several times that the judicial arm of the government has the power to establish new interpretations of existing laws. It, therefore, implies that a single judge in a state jurisdiction can mostly have the power and capability to halt Executive and Legislative actions (Echeverria, Durand, and Alexis 636).
Furthermore, laws that are ambiguous are forwarded to the Supreme Court for adjudication (“Political Science Notes”). This does not, however, imply that the Supreme Court can make new laws, but it can enforce an existing law into a new domain and thus have the ability to supersede the established law of the land with a new interpretation. This means the judicial branch tend to have the final say in their use of power compared to other branches of government.
The federal government of the United States of America has a constitution that provides for the existence of the three arms of government and states that they all share equal powers and ought to operate independently keeping a check on each other to ensure smooth operation of the government (2017, http://why the judiciary is the most important of the US government.
). The assumption that all the three have equal importance often arise when one overrides the other with the matters often ending or rather resolved at the court making the judiciary have the final say since it’s the custodian of the law according to the constitution.
2017, http://why the judiciary is the most important of the US government.
“Cram.Com: Create And Share Online Flashcards.” Cram.Com, 2017, http://www.cram.com.
Echeverria, Durand, and Alexis de Tocqueville. “Democracy In America.” The William And Mary Quarterly, vol 24, no. 4, 1967, p. 637. JSTOR, doi:10.2307/1919477.
“Free Essays, Term Papers, Research Paper, And Book Report.” 123Helpme.Com, 2017, http://www.123helpme.com.
“Political Science Notes.” Political Science Notes, 2017, http://www.politicalsciencenotes.com.