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Democracy In America By Alexis De Tocqueville

1965 Words8 Pages

Court Jurisdiction is laid out within the binds of our constitution, and although seemingly complex, is quite simple. A case must first approach the courts in a district court based on the litigants and the subject of the case itself. The case will then, if prompted, proceed to an Appeals Court. If further appealed the Supreme Court of the individual state will then hear the case. Finally the case will enter its final challenge, the Supreme Court of the United States, and never be heard by a lower court again unless decreed by the high court. Under Article III of the United States Constitution, “Any case affecting ambassadors, other public ministers and consuls, an those which a state shall be the party, the Supreme Court shall have original …show more content…

As being the court of the United States, its power radiates throughout our democracy with its intent to improve our society through the use of constitutional interpretation. Alexis de Tocqueville wrote “Democracy in America” to compare the governments of France and the United States (“The Court and Constitutional Interpretation” np). He discussed the Supreme Court writing, “... but I am unaware that any nation of the globe has hitherto organized a judicial power in the same manner as the Americans… A more imposing judicial power was never constituted by any people” (“The Court and Constitutional Interpretation” np). Our judicial system analyzed by both our own and that of other countries such as the writer Tocqueville has withstood the tests and proven that its power is supreme to other courts, laws, and even branches. Under Article III, the Constitution of the United States of America gives “judicial power… to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made…” (“Article III” np). This vague wording almost allows the court to simply apply its power to all cases based on anything that is made and distributed by the other branches. Although the Supreme Court is separate from the legislative body of the American government, it has the power to overturn laws they …show more content…

This case is Marbury v. Madison that was decided in the Supreme Court in 1803. Chief Justice John Marshall invoked judicial review in the case of Marbury v. Madison (“The Court and Constitutional Interpretation” np). He stated that the Supreme Court’s responsibility to overturn legislation deemed unconstitutional was a necessary effect of the court’s sworn obligation to uphold the constitution (“The Court and Constitutional Interpretation” np). With the court sworn to uphold the constitution and Chief Justice Marshall’s interpretation of the obligations of the court, the powers of judicial review are intertwined into the actual court itself. As Marbury v. Madison was the first recognizable case that allowed the use of judicial Review, it was monumental for the increasement of the power of the Supreme Court. James Madison tried to fire “midnight judges,” one of which happened to be Marbury, which caused the case to be brought to court (Hall, K 521-523). The court implored the investigation of the firing of the judges compared to the Constitution and the Judiciary Act of 1801 (Hall, K 521-523). This investigation cause the overturning of the laws based on their unconstitutionality, famously invoking Judicial Review for the first time (Hall, K 521-523). Another very famous case that involves the use of judicial

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