Nobody downloaded yet

The federal judiciary - Essay Example

Comments (0) Cite this document
Summary
Judicial review refers to the powers that courts of law have to check an executive and legislation act and invalidate it if it is contrary to constitutional principles. Established in the United States by Article VI, clause 2 of the constitution called the supremacy clause which…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful

Extract of sample
"The federal judiciary"

Download file to see previous pages In cases where an act of legislation is made by the legislature but it goes against the constitution the court has a right to rescind that act.
The executive is aimed at having more powers and advancing its authority as well as limiting the congressional powers. The legislative veto was the powerful mechanism that congress used for its oversight and was meant to make checks on the government and a policy-making instrument. They went beyond their powers and exercise duties or veto rules made by executive at times and the judicial review would come in like in the case of Chadha.
Chadha, an international student whose visa had expired, was due for deportation but applied for a suspension and an application was made by the Attorney General for suspension since Chadha would face hardships and did not have anywhere to go. The INS judge suspended the deportation and made a report to the congress under law. The house sub-committee recommended deportation but did not make submission to the members for vote. It was thus passed without vote or debate. After the veto by the house it was not submitted to the senate or president, but the INS judge reopened proceedings and Chadha was ordered deported. He filed a petition for review and the court of appeal held that the house was without consultative authority and thus approved the suspension.
The INS argued in this case that the Immigration and Nationality Act had violated the separation of powers as it had authorized the legislature to revoke decisions made by the executive arm. It also found out that the particular section of the act was unconstitutional since it violated the principles bicameralism and the presentment clause. The court ruled that the house had taken action that meant to alter the duties of attorney general. The ruling stroke down the legislative veto and the attorney general had the delegated duty of the executive and thus by vetoing ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The federal judiciary Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/history/1622516-the-federal-judiciary
(The Federal Judiciary Essay Example | Topics and Well Written Essays - 500 Words)
https://studentshare.org/history/1622516-the-federal-judiciary.
“The Federal Judiciary Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/history/1622516-the-federal-judiciary.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Chinese Judiciary Achievements
...? Topic: In line with China’s economic reform, the Chinese judiciary has undergone formalization and institutionalization. What are the achievements and constraints the judiciary has had in the process? Introduction China has experienced fundamental and quick reforms in the legal and commercial areas since 1979. China as a country started almost from scratch and has recorded a substantial progress towards creating a commercialized arbitration system portraying international practice. Efforts have been directed by the government towards realizing a western-style legal occupation whose emphasis is on civil law which is in line with the country’s economic reforms. Despite this strides made, china is still away from achieving a wholly... ...
12 Pages(3000 words)Essay
JUDICIARY
...? THE JUDICIARY (One of the Three Pillars of the Justice System) of (affiliation) A. Introduction Human society has evolved over thousands of years into what it is today. One of the hallmarks of this development is becoming a civilized society, in which people organize or form associations and arrangements for everyone to live peacefully with each other. One of its crucial distinguishing characteristic is the formation of a government, the social contract, in which citizens gave up their rights in favor of this government in exchange for some protection. In return, the government is expected to apply its laws with fairness and equality to every citizen. This is the democratic principle enshrined in the Constitution, the...
3 Pages(750 words)Essay
JUDICIARY
...? The Judiciary The Judiciary Introduction The purpose of this study is to show the role of the judiciary in the pursuit and implementation of social justice in the society. As a branch of the criminal justice system, the study uses the hypothesis that professionals in the field of legal affairs such as lawyers, judges and advocates can use the principles of social justice, such as solidarity, human rights and freedoms, fairness and equality to promote justice in the contemporary society. With the claim in the statement remaining so strong, the study emphasizes on the manifestation and the indicator of social justice. The professionals in the field of legal issues apparently are the only...
6 Pages(1500 words)Research Paper
Identify the selection process of the federal judiciary. Explain the role of the federal judiciary in lawmaking. Should the judiciary be active or passive in interpreting the law Why
...number History and Political Science The federal judiciary has built its reputation over the past years as a placewhere citizens get balanced, responsible judicial profiles and fair judgement. The selection process of the federal judiciary is aimed at realizing the importance of an effective judiciary system. In this case, the president and the senate play a major role in the selection process of judges. The president has the mandate to ensure that nomination of relevant people should not come from the same part of the country, religion, gender and race. That is why the selection process begins when the president receives recommendations from the senate...
1 Pages(250 words)Research Paper
Judiciary Assignment
...Texas Judiciary Assignment Assignment Part This case entails of some community members who had a union that lasted for three days at the Del Lago Golf Resort located near the Lake Conroe. During the first night, the security officer forced a drunken patron from the bar and locked it earlier because of the disturbing situation. On the second night, the community members met at the resort bar to celebrate a wedding, it was during the period that tension among the communities developed. This entailed of incidents that developed tension and verbal exchanges among the individuals in the party, however, the security officer did not force anyone outside the bar. However, at around midnight, turmoil broke out for a couple of...
2 Pages(500 words)Essay
THE FEDERAL JUDICIARY
... The Supreme Court Washington Appeal Court Cases on Contraception Rule in the Affordable Health Care Act The Supreme Courtis currently hearing the cases on contraception that the Obama healthcare program requires employers to finance insurance cover for contraceptives. Two corporations who argued that their businesses are run on religious principles brought the case before the court (Liptak). Hobby Lobby, one of the challengers is a chain stores owned by a religious family. The other challenger is Conestoga Wood Specialties, a company that makes wooden cabinets and is owned by Mennonite family (Liptak). The court case is represented by Paul D. Clement who argue the case on behalf of the companies and solicitor general, Verrrille... The...
1 Pages(250 words)Essay
Chinese judiciary independence
...Chinese Judiciary Independence In China, the judicial system consists of three parts: Court, Procuratorate and Public Security Organs. The Court is the judicial organ of state. Procuratorate is the state organ for legal supervision, and Public Security Organs is one of the most important parts of government mandated with the function of investigating criminal and civil cases. In order to research and discuss Chinese judiciary independence, we have to talk about three representatives and explore important data. These are Disapproval Arrest rate, Disapproval Prosecution Rate, and the quantity of Counter-appeal. In a simpler way, making a complete and legitimate judgment has three procedures in China....
7 Pages(1750 words)Essay
Judiciary
...Judiciary assignment al affiliation) Describe judicial activism and judicial restraint Judicial activism is a legal ruling that is assumed to be based on political or personal consideration rather than on the existing act or law. It is sometimes considered the opposite of judicial restraint. Legal activism definition is a contentious issue in the United States of America, and its questions are often related to statutory construction, constitutional interpretation and separation of powers. Judicial restraint is a judicial interpretation theory that encourages judges to limit the exercise of their power. It states that judges should vacillate to strike down laws unless they are apparently unconstitutional, though what is...
2 Pages(500 words)Essay
US Executive/Judiciary
...US Executive Executive Order 13658 - Establishing a Minimum Wage for Contractors This executive order is intended to increaseefficiency and productivity in all government contracts. The executive order increases the minimum hourly wages of people employed in Federal government contracts to $10.10 (Woolley and Peters 1). The president argued that increasing the basic pay for workers would increase the quality of work done by contractors as well as reduce the cost of doing business. Moreover, the executive order is aimed to improve the economy as a whole given that an increase in wages increases consumption and government spending. The executive order 13658 is essential given the economic condition of the country. The...
2 Pages(500 words)Coursework
Judiciary
...Over the period of time American Judiciary is said to have transformed itself into foray of politics and has been on the path of what is called judicial activism. The original ideas defined in Federalist 78 clearly suggests that judiciary will be the weakest of the three institutions and it will neither have will nor force but it will merely exercise its judgment. However, over the period of time, there has been deliberate and slow blurring of the boundaries of all the institutions of the State. First and foremost one of the key and significant structural change has been the matters which are relatively undecided in the constitution. Due to relative lack of US Constitution to address certain issues, judiciary became important... the period...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic The federal judiciary for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us