Jul 11, 2019 in Law

Branches of Government Essay Sample

Introduction

The US constitution system is one of the carefully balanced documents in the world. It is designed  to provide for national government sufficiently  flexible and strong  to meet the need of republic, yet fully limited and just to  protecting  and  guarantee right of the citizens, it also permit a balance between the  needs of society for order  and individual  rights of  freedom. Within the   hierarchy of the many legal jurisdictions, the Supreme Court is the highest court thus making it to be the court of the last resort, judgment court or the high court. The court is located in Washington DC, where the members meet at the US Supreme Court building. It consists of Chief justice and other eight associate justices nominated by president and confirmed by Senate.

Authority of Supreme Court and judicial review

In order to assure these ends, framers of constitution created three coequal and independent branches of government. The complex roles of the Supreme Court derive its authority to executive actions or invalidate legislation, which, in the court considered judgment, conflict with constitution. Power of the “Judicial review “has given the supreme court a crucial responsibility in an assurance of rights of individuals and maintenance of “living constitution “where broad provisos are applied continually to the complicated new situations. While functions of the judicial review are not fully provided in the constitution, it has been anticipated prior to the adoption of the document. Before 1789, the courts of US had overturned the legislative acts that conflicted with states constitution. The power of the judicial review was confirmed in 1803 where it was invoked by then chief Justice John Marshall in the Marbury versus Madison (McCloskey, 2005).

Procedure used

It is worth noting that, the supreme court of US is the only court that was established by Constitution of US and implemented in 1789. The term of Supreme Court stats on first Monday of every October, and it continues until early July of the subsequent year. Every term consist of an alternating period that is about two weeks refereed to as sittings and recesses. Justices hear the cases and delivers their rulings during the sittings. They also discuss cases and writes opinion during the recesses. Cases  that falls within  supreme court original jurisdictions are initiated through filling complaint directly with the court and  they are normally assigned  to special master who is appointed by  the court  for taking of evidences as well as making recommendations. There after, the Supreme Court may accept to hear oral arguments and briefs as in appellate case (Abraham, 1992).

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Roles of the President and Congress in the creation of laws

Appointments of the Supreme Court judges and Chief justice are of major significance in the American politics. For the president, appointment of Supreme Court Justice is a notable measure which history can judge his presidency. The need for Supreme Court nominees arise when vacancies occurs on court due to retirement, resignation or death. It is the constitution right of the president to select successors to vacating justice. It is clear that congress holds explicit powers as enumerated in section 8 of Article 1 of constitution. The congress also has implied powers, which are derived from constitution necessary and power clause. The congress has  authorities  over budgetary and  financial policy trough  enumerated power of laying and collecting taxes, imposts, duties, paying  of debts as well as provision of m common defense and general welfares  of US. Congress has important  dusty in national defense, which includes  exclusive powers in declaring war, raising and  maintaining  armed forces as well as making rule for the military (Abraham, 1992). The congress can establish post roads, post offices issue copyrights and patents, fix standards for measures and weights and establishment of courts inferior to Supreme Court. The Supreme Court makes all laws that shall be proper and necessary in carrying into execution of the foreign powers .The congress have the powers to admit a new state into the union.

The role of US Judicially, legislature and executive in reviewing a statute

In US, the constitution does not explicitly authorize activities such as judicial review. Lack of authorization has been a debate over origins of the judicial review. This has to be undertaken by the senate and house of representative both having equal partners in legislation processes, as legislations cannot be enacted without the consents of the both chambers. However, the constitution grants each of the chambers some unique powers. For instant, the senate is responsible in ratifying treaties as well as approving   top presidential appointments, while House initiates revenue-raising bills. 

Rights to a free press

Criminal cases have always been tried in open, public courts for a long time as history of English legal systems has been recorded. The public hearings on criminal cases have been seen top offer assurance that the proceeding are fairly conducted as well as discourage perjury, misconduct of the participants, partiality or decisions which are based on secret. This also presents serious conflicts with defendant Sixth Amendment right to fair trail.  In criminal cases, journalists covering the proceeding need to fully understand case law and ethics of news covering in this area. This ensures justice in high publicized cases as the experienced journalists are the only ones allowed to monitor the cases.

How is jury of the US Supreme Court selection affected

Just as trials of criminal cases are conducted in the open, the selection of the jury should also be open. Trial courts are always obliged to take reasonable measures in accommodating the attendance of public at criminal trails. This is due to the fact that, the jury is supposed to be fully unbiased in bringing their verdicts in all criminal cases (Toobin, 2007). The decisions to have the selection of the jury are done in open certain cases where the rights of the defendants were violated. For example in 2010, a convicted  cocaine trafficker  claimed that his  rights to  public trial was violated when one of the judges in Georgia  barred  the members of public  from court room during the juries selection.  The defendant judge expressed concerns that the prospective jurors might have said something that could have been overheard by the public.

Search and seizure

Search and seizer is examining of premises, which includes a vehicle of a person believed or involved in criminal activities, by the law enforcing officers. This is done with objects of collecting evidences as well as seizing tools and materials used in the acts of crime from the person. Seizures and searches are used in producing evidences for producing evidences for protecting alleged criminals. In US, the police have powers of seizing and searching, although the individuals are well protected against arbitrary and unreasonable police intrusion. Under England rule, most searches were unlimited in scope and were conducted without justification.

Conclusion

It is now evident that US has one of the most complicated, yet balanced constitution, which enhance equity and fairness in judgments. It protects all the plaintiffs and defendants at the same time thus enhancing equity and fair judgment at all times.

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