The Role of Judiciary: The Judicial Branch is an essential part of the American government because it preserves the values of fairness, equality, and accountability while guaranteeing the rule of law. The Judicial Branch, one of the three parts of the federal government along with the Legislative and Executive parts, is responsible for interpreting and upholding the law.
Its main duties include settling disputes, applying the law to particular situations, and defending people’s rights and liberties.
The Supreme Court is the cornerstone of the Judicial Branch. It is the highest court in the nation and has the authority of judicial review, which enables it to assess the legality of laws and acts performed by the other branches. The district courts and circuit courts of appeal, which hear a variety of cases around the nation, are the subordinate federal courts that sit beneath the Supreme Court.
Given that every state has its own legal system, the legal Branch’s duties go beyond the federal level. State courts deal with a wide range of legal issues, such as criminal proceedings, civil lawsuits, family problems, and more.
We will examine the duties and authority of the judicial branch in this article, including how it interprets the law, protects citizens’ rights, and preserves the balance of power within the federal government.
Judicial Branch of US
Members of the judicial branch are nominated by the President and confirmed by the Senate, unlike the executive and legislative branches, which are elected by the general public. The federal judiciary’s form and organization are left largely up to Congress’s discretion under Article III of the Constitution, which established the Judicial Branch.
Even the size of the Supreme Court is subject to Congress’ discretion; there have occasionally been as few as six justices, and the current composition of the court—nine, with one Chief Justice and eight Associate Justices—has only been since 1869.
Only the House of Representatives and the Senate may impeach federal judges and convict them. Judges and Justices don’t have a set tenure; they remain in office until they pass away, resign, or are found guilty by the Senate.
By design, this shields them from the fleeting emotions of the populace and enables them to implement the law impartially, without regard to political or electoral considerations.
The federal courts’ jurisdiction is often set by Congress. The Supreme Court is given original jurisdiction in particular situations, however, such as when there is a disagreement between two or more U.S. states, and this power cannot be revoked by Congress.
Only actual instances and disputes are heard in court; to file a lawsuit, a party must prove that it has suffered injury.
This implies that if a court decision would not have any real-world consequences, it would not be issuing advisory judgments on the constitutionality of laws or the legitimacy of activities.
Although the Supreme Court hears relatively few cases each year, matters submitted before the judiciary often move from district court to appellate court before perhaps concluding there.
Only federal courts have the authority to interpret laws, decide whether they are constitutional, and apply them to specific situations. The use of a subpoena by the courts to force the production of evidence and testimony is similar to that used by Congress.
Branch of Judiciary
The judiciary is the third arm of government. The Supreme, Circuit, Magistrate (local), and Municipal (city) courts make up the Judiciary. The legal system gives law its interpretation. Instead of being appointed, state judges are chosen by the people. Additionally, they run for office while participating in a political party.
The judicial branch’s responsibilities include:
- Interpreting state legislation; resolving legal conflicts;
- Punishing those who break the law;
- Hearing civil claims; defending the state constitution’s guarantees of individual rights;
- Determining the guilt or innocence of persons who have been accused of breaking the state’s criminal laws;
- Serving as a check on the state’s executive and legislative branches.
As the highest court in West Virginia, the Supreme Court of Appeals oversees the lesser courts. It is made up of five judges who are chosen by the public to serve periods of twelve years.
The Supreme Court must convene twice year in January and September, with the option of holding additional sessions if needed.
The Supreme Court has the power to rule on the constitutionality of state legislation and the conduct of state authorities, including the governor. If a law or executive order conflicts with the state constitution, it cannot be executed.
The majority of matters that are presented before the Supreme Court are appeals from magistrate or circuit courts. With the exception of disagreements between state and federal laws, which may be appealed to the US Supreme Court, a judgment issued by the Supreme Court is final once it has been rendered.
One of the five members of the Supreme Court is chosen to serve as Chief Justice. The five judges are chosen in a rotating fashion, with each serving a one-year term as chief justice. According to the state constitution, the Supreme Court will get the amount it wants when the Chief Justice submits a budget to the Legislature as part of his duties. The Chief Justice also appoints justices to draft the Court’s opinions and rulings.
The American Supreme Court
The United States Supreme Court is the highest court in the country and the only branch of the federal judiciary that the Constitution expressly mandates.
The number of Supreme Court Justices is not predetermined by the Constitution; rather, it is determined by Congress. However, since 1869, there have been nine Justices, including one Chief Justice, down from as few as six.
All Justices hold their positions for life and are chosen by the President, who also proposes them to the Senate for confirmation. Justices are regarded as being shielded from political pressure while making decisions because they are not required to run for re-election or engage in re-election campaigns.
Until they retire, pass away, are impeached and found guilty by Congress, or resign themselves, justices may continue to serve.
The majority of the cases the Court hears are appeals, and because the Court is the last legal arbitrator of federal law issues in the United States, its rulings are final and cannot be appealed to any other body.
The Court may, however, take into account appeals from the top state courts or from federal appellate courts. Additionally, the Court has original jurisdiction in a small number of issues, such as disputes between governments and those involving ambassadors and other diplomats.
The Supreme Court often does not undertake trials, despite the fact that it may hear an appeal on any legal issue as long as it has jurisdiction. Instead, it is up to the Court to determine what a statute means, whether it applies to a certain set of facts, and how it should be implemented. When making decisions, lower courts must adhere to the precedent that the Supreme Court has established.
The Supreme Court rarely seldom hears appeals out of the blue; instead, parties must apply to the Court for a writ of certiorari. The Court will “grant cert” if four out of the nine Justices agree that the matter deserves to be heard. Less than 150 of the roughly 7,500 certiorari petitions granted each year by the Court are typical.
The judicial branch of the American government is essential to preserving a just and fair society. It guarantees the preservation of individual rights and liberties, settles disputes, and maintains the Constitution by its interpretation of the law and use of legal concepts.
A system that protects the rule of law and offers a means of checks and balances inside the government is formed by the Supreme Court, together with lesser federal and state courts.
Understanding the dynamics of the American legal system and appreciating the critical role it plays in ensuring justice for everyone depend on an understanding of the roles and authority of the judicial branch.
- The Judicial Branch | The White House
- The Judicial Branch (wvlegislature.gov)
- Judicial Branch in USA (openai.com)