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Introduction to American Law - Assignment Example

Summary
"Introduction to American Law" paper discusses whether should there be a national bar association rather than a system of state bar associations so that lawyers might practice and whether morbidly should obese people be recognized as a "quasi-suspect class" for purposes of equal protection analysis…
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Extract of sample "Introduction to American Law"

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The judicial branch acts as the guardian of the constitution through its federal court system that protects the liberties and rights assured by the constitution. The federal court system resolves legal disputes by interpreting the law according to the provisions of the constitution and determining facts that help federal judges make impartial and fair judgments.

Just as noted earlier, the three branches of the government have different roles. The legislative branch, for example, makes the laws through its congress and the executive branch enforces and executes the law. The judicial branch guards the constitution which has the laws made by the legislative branch and executed and enforced by the executive branch. The courts, therefore, do not form any laws and the judgment of the federal judges should not be influenced by any system of the government;).

In order to make fair and impartial judgments, the federal judiciary should be independent and should not be influenced by political or other forces to make decisions regarding legal dispute resolution. Because of this reason, the makers of the law ensured the federal judiciary system became an independent system with the ability to ensure equal justice and fairness to every citizen of the United States; This is as provided in section I of Article III of the United States Constitution which states that; “The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office”.

There are two ways through which the federal judiciary system is made independent by the United States Constitution.

  • The federal judges as appointed under article III can only be removed from office through impeachment and conviction by congress and
  • The compensation of the judges appointed under Article III of the constitution, shall not be reduced while in office.

This means that the constitution provides that the judges remain in office until found to be in violation of “good behavior”. The meaning of good behavior is determined by the constitution and may mean bribery, treason, or other high crimes. It means that the judges appointed under Article III of the United States Constitution can choose to serve for life or not. 

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