The Legal System Derives Its Authority from the Constitution

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Hamilton had written that the court, through the practice of judicial review, ensured that the will of the whole people, as expressed in its constitution, took precedence over the will of a legislature whose statutes could only express the temporary will of a part of the people. And Madison wrote that the interpretation of the Constitution should be left to the reasoned judgment of independent judges, not to the tumult and conflict of the political process. If every constitutional issue was decided by public political negotiations, Madison argued that the Constitution would be reduced to a battleground of competing factions, political fervor, and partisanship. The practical adjustment that our system has made (as we said in the joint statement) is that these decisions can be challenged by federal judges serving a lifetime term and, ultimately, even go to the Supreme Court. If you only read Article III, Section One, you will not see any of that. But this extremely important part of the federal government reflects another of the many ways in which our Constitution is not just an unshakable foundation, but a flexible institution that can adapt to the needs of a nation and a world that are in many ways different from what the drafters knew. Any circuit court case or a federal case challenged by a state`s highest court of appeals may apply for a writ of certiorari. If the complaint is allowed, the U.S. Supreme Court will hear the appeal. If the application is denied, which is the case most of the time, the judgment of the Circuit Court or the State High Court is the final decision. For this reason, the U.S. Supreme Court overturns many cases that are accepted for review.

If the U.S. Supreme Court wants to “uphold” the Court of Appeals` interim decision, it can only dismiss the motion and leave the lower court`s decision. The executive branch can control and balance both the legislative and the judiciary. The President of the United States can veto legislation proposed by Congress. The president also has the power to appoint federal judges and judges who then serve for life. State executives have similar powers of control and balance; A governor can usually veto legislation proposed by the state legislature and appoint certain state judges and judges. Arizona has passed a comprehensive immigration law to track down and deport illegal immigrants. The law sparked a national outcry, and critics insisted it would lead to unethical racial profiling. The federal government challenged the law in federal district court. Randal C.

Archibold, “Judge Blocks Arizona`s Immigration Law,” New York Times website, accessed October 1, 2010, www.nytimes.com/2010/07/29/us/29arizona.html. Judge Susan Bolton issued a preliminary injunction that ended the application of sections of the law requiring state law enforcement agencies to review immigration status while enforcing other laws, and requiring immigrants to prove they were legally in the country or facing state charges. Randal C. Archibold, “Judge Blocks Arizona`s Immigration Law,” New York Times website, accessed October 1, 2010, www.nytimes.com/2010/07/29/us/29arizona.html. Read the preliminary injunction of the district court, available at this link: graphics8.nytimes.com/packages/pdf/national/20100729_ARIZONA_DOC.pdf. The Federal Constitution was drafted to ensure that governmental power is distributed and never concentrated in one or more areas. This philosophy is served by federalism, in which the federal government shares power with the states. It is also served by dividing government into three branches, each responsible for different governmental functions and controlling and balancing each other.

The three branches of government are detailed in Articles I to III of the Federal Constitution and are the branch of government responsible for the creation of statutory law, the executive, the branch of government responsible for the application of written law, and the judiciary, the branch of government responsible for the interpretation of laws and constitutional laws. While the Federal Constitution only identifies the federal branches of government, the principle of checks and balances also applies to the Länder. Most states identify the three branches of government in their state constitution. 1220 A classic but now dated study is Warren, Legislative and Judicial Attacks on the Supreme Court of the United States: A History of the Twenty-Fifth Section of the Judiciary Act, 47 Am. 1, 161 (1913). The most comprehensive examination of the constitutional question is Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 Harv, L. Rev. 1362 (1953). See Hart & Wechsler (6 ed.), op. cit. cit., pp.

287-305. The first section of Article III is a cornerstone of our legal system. It establishes the Supreme Court and forms the foundation of the federal judicial system. It has served these purposes from the beginning. 1258,321 U.S. to 468. In United States v. Mendoza-Lopez, 481 U.S.

828 (1987), purportedly citing Yakus and other cases, the court held that an ancillary challenge to the use of removal proceedings as part of a criminal offense must be permitted if effective judicial review of the deportation order had been denied.

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