The Juaradical Branch of the Power - Essay Example

According to Commager (1943), “Few American political institutions have been more elaborately explained and documented than judicial review; none, it is safe to say, is less understood.”

It must be noted that the Supreme Court’s power is great. It can even overrule the decisions of elected officials. Federal Court judges are appointed for life. This poses a problem for majority rule, in American democracy. However, perhaps, they protect the rights of minorities and thus have the kind of open system that causes democracy to flourish (Edwards, et al, 2008). It consists of statutes and common law, the latter an accumulation of judicial decisions (ibid.) In the Judiciary Act of 1789, Congress established constitutional courts and subsequently legislative courts for specialized purposes. Courts with original jurisdiction are those where a case is first heard whereas appellate courts can review the legal issues in cases brought to them. Branches of government reviewing the legislation of others do not concentrate too much power in one branch, rather it does just the opposite.