The first chapter of “Law in America” by Lawrence M. Friedman is an introduction to the formation of the law system that we have in the United States today. The opening of the chapter depicts how Freidman starts his lectures, by reading the front few pages of the local newspaper to his very lethargic students who take his early class. At first, this seems odd given that this is not a political science class or media lecture. However, the logic behind this process is that in every “domestic” article in the news there is a connection to the law. Law is intertwined in almost every situation we face during, not only our day to day lives but also the very structure that forms the environment we live in. The purpose of “Law in America” is to further explain why the law is so impactful on every individual in the United States, the following summary will look at the …show more content…
In each individual state, there is a Supreme Court of that state. The court system of the United States is set up hierarchically, with a lower level and high-level courts. These Supreme Courts act as the ends for cases, they are the highest level that a case can reach in the common-law system. At the state level, it is the state Supreme Court, and at the federal level, it is the Supreme Court of the United States. At the state level the Supreme Courts are also assessing the constitution, however, it is the specific constitution of that specific state. The case of Marbury v. Madison gave the final decision on the ability of the Supreme Court to challenge acts of Congress. This ruling in 1803 had not affected how the Supreme Court challenged congressional acts, however, in the nineteenth century, it became more prevalent. Freidman alludes to the possibility that this stems from the political culture of the united states, and our concern for such things as
Madison case. The first issue was questioning if Marbury has a right to the commission. Considering that it was attempt to save the Federalists posistion is the government it was very important to question Marbury’s right to the position appointed to him. The second issue was questioning if law granted Marbury a remedy. A remedy “is the means to achieve justice in any matter in which legal rights are involved.
Our Founding Fathers expected the branches of government to act as checks and balances to one another. In the end, the historic case of Marbury vs. Madison accomplished that which set the precedent for numerous decisions throughout
At the lowest level of the state court system is the municipal court which reviews local ordinance violations such as traffic laws as well as some minor civil offenses. State Circuit Courts adjudicate in both civil and criminal court hearings, they often have special court for family and juvenile law cases. The State Court of Appeal decides matters of appeal from state court rulings. All US states have a Supreme Court to litigate further appeals for adherence to state laws.
The Marbury v. Madison case is an important Supreme Court landmark case in the United States history. In the 1800’s election the Federalists were in power and has the majority in Congress and John Adams won the presidential election. This changed due to the result of the next election, the anti-federalist party won, Thomas Jefferson became president and the Federalist party incumbents were about to lose their seats in Congress. To ensure that the Federalist Party had control over at least one branch of the government John Adams passed Judiciary Act of 1801. This act made the judicial branch of government have equal power to the Legislative and Executive branch.
In the case of Marbury v. Madison Chief Justice John Marshall utilized his power in a legal but cunning way to alter the balance of power between the legislative, executive, and judicial branches of government. Justice Marshall used his opinion in the courts to manipulate the Constitution, creating what we know as judicial review. Because the Constitution does not explicitly state what judicial review is Justice Marshall is known for creating it. In an effort to resolve the case, Justice Marshall answered three questions supported by strong arguments. The wide acceptance of his doctrine created judicial review-- the Supreme Court’s ability to uphold or deny the constitutionality of congressional or executive actions.
In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.
E) What are the greatest challenges within your Branch of government? The judicial branch faces a variety of different challenges profoundly because it’s the smallest branch, and was once considered the least “powerful.” Federalism and the the subnational levels could eventually become a barrier or unleveled playing field for Supreme Court rulings which could cause controversey.
William Paterson In Philadelphia, Pennsylvania the Constitutional Convention concluded with 38 of the 41 delegates signing the United States Constitution. Among those 38 men was William Paterson of New Jersey. William Paterson came to America from Ireland when he was just years old. His father did well in manufacturing and selling tin goods which allowed William a good education in private schools. He entered the College of New Jersey which is now Princeton at the age of 14.
The Supreme Court will rule whether something is constitution or unconstitutional. There are nine judges, eight associate justices and one chief justice. The judges are nominated by the President and then approved by the Senate. The Supreme Court is the highest court in the national court system. Once a decisions is made it is final, and no other court can overrule those decisions.
The federalist 78 is the one of six-paper written by Alexander Hamilton, it was focused on the role of the judiciary in the newly established government as established in the U.S. Constitution. The paper emphasized on two significations concepts which is the independence of the judiciary and the supremacy of the judiciary to protect the right of the citizens. To beginning with the first principal, the independent of the judiciary from the other two government agencies. Hamilton believes that the judiciary must be strong enough to overthrow unconstitutional legislation passed by the legislature and the executive.
Does the Supreme Court Have Too Much Power? Article Three, Section One of the Constitution states that “The judical power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish.”. Throughout the years, the Supreme Court has evolved significantly. According to the United States Courts, the Surpeme Court can range from having a low of 5 members to a high of 10 members, the Supreme Court plays an important role in the government today. Although the Supreme Court of Justice is at the head of the court system, the power of the Supreme Court has grown exponentially to a point where it could be considered more powerful than Congress and the power of
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
While there are many more concepts of law that the book mentions I feel that these are the most important concepts of law that somehow are the foundations of the legal system in the United
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
What I will explain to you in this article will, how we are connected with the law and I hope, make you see sense in the importance of our laws in the society we live in. To be against the importance of laws in our society would show one to be ignorant and naïve. I encounter the law on a daily basis when I am driving. I have to follow the speed limit of each road, I have to signal before changing lanes, my vehicle must be in good condition in order to safely drive and I must obey all road signs as they are set in place to ensure the safety of everybody.