Judiciary in US Federal System - Essay Example

Introduction Every civilized nation seeks to have a system of government where various functions are dealt by proper ities and there is no conflict among the institutions of the state. United States represents a model for modern civilized world and the same is true with its system of government. US is considered to have one of the most efficient legal systems in the world and its judiciary has attained much respect in the world over the past two hundred years. In the upcoming debate we will look to see the role of US Supreme Court in interpretation of the constitution and the process of compliance with its decisions & interpretations. We will also seek to understand the challenges with regard to such compliance. Judiciary in US Federal System In United States (US), federal government is divided into three separate branches i.e. The Legislative branch governed under Article 1 of the Constitution, The Executive Branch governed under Article 2 of the Constitution and The Judicial Branch governed under Article 3 of the Constitution. As per Article 3, The Judicial Branch is headed by US Supreme court. Supreme Court has original jurisdiction in certain cases i.e. Issues involving Ambassadors, treaties by federal government and issues where two or more states are parties. Every state has its own Supreme Court as well and cases related to a particular state are dealt in the respective state’s Supreme Court. However, the US Supreme Court works as appellate court for such cases if there is a federal issue involved. Separation of Power and Supreme Court Separation of power leads to the concept of check and balance. In US all the three branches of state not only facilitate each other in completing the desired goals under the constitution but also ensure check and balance over each other. Supreme Court does not derive its force through administrative means. The decisions of court are enforced through other branches of the system i.e. legislative and executive. So the compliance of court decisions is a matter of supremacy of Constitution. The Constitution safeguards balance among organs of state where one organ does not interfere with the rights and powers of other. On the other hand, the system of check and balance provides the court with powers to interpret constitution. The most important of them is Judicial Review. Political Backing and Continued nature of service of Supreme Court Judges also help the Court to enforce its writ. Judicial Review Judicial review is a process through which executive and legislative decision can be questioned by the judiciary and if they are found against the supreme law of the land or against the spirit of that supreme law they can be nullified or repealed. At the first glance judicial review seems to be against the spirit of separation of power but in reality it is the custodian of the same. It ensures that if executive or legislature has done something which is beyond the powers vested with them then it can be brought back to normalcy. History of judicial review finds its origin in early British courts. As early as in 1660 Sir Edward Coke is reported to have said, “When an act of parliament is against common right and reason or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void” (Blackstone, Hammond, 1890) Judical Review in US Judicial review is not specifically mentioned in the Constitution of United States but Article 6, Section II of the constitution states that constitution is the supreme law of US and judges in all states are required to adhere to it. This section only talks about state judges and not Supreme Court. Some scholars point out that it means that Supreme Court is the custodian of Constitution and not a mere subordinate of it. This idea leads to scope of Judicial Interpretation in US. Numerous instances are also quoted from the fathers of the nation where they desired the courts to have a check over the working of other organs of state. Later, certain cases came into US supreme courts over a period of time which highlighted judicial review in US. There are numerous cases involving judicial review in the history of US. Let us have a look at a few land-mark cases with respect to judicial review: Marbury v. Madison In 1803 the landmark case of Marbury V. Madison was decided by the Supreme Court. In this case the court had to decide a constitutional quandary apart from other maters. The Judiciary Act of 1789 was found to be inconsistent with the constitution and court had to decide if congress could make an act which changes the original jurisdiction of Supreme Court as set forth by the constitution. Supreme Court decided that Congress could not do so and thus Judiciary Act 1789 was not overridden by constitution. (Marbury V. Madison, 1803) This was the first instance where the court declared something unconstitutional thus opening the era of judicial review on constitutional matters. Dred Scott V. Sandford There is only one more case of judicial review in pre-civil war era. In 1820 Congress admitted the state of Missouri as a slave state and extended legal slavery for 30 years in US. The Supreme Court, while deciding this case, declared the Missouri Compromise unconstitutional on the ground that Congress did not have unlimited powers to acquire territories and create governments. (Dred Scott V. Sandford, 1856) Brown V. Board of Education In this case the court used its judicial review powers to ensure that all citizens enjoy equal rights vested with them through constitution. (Brown v. Board of Education, 1954) Supreme Court ruled that state laws which allow for racially segregated schools are against the constitution and no such laws can be made. United States V. Nixon This is arguably the most famous case in the history of United States because of the involvement of the then President Richard Nixon. During the proceedings presidency announced that President would abide by the orders of the Supreme Court. The court in its decision held that powers of judicial review not only allow the court to declare a law unconstitutional but also to decide on how the constitution put limits on the powers of president. (United States V. Nixon , 1974) Through the study of these cases we come to the understanding that Supreme Court’s powers to interpret the constitution are rooted in centuries old tradition and evolution of legal system in US. The system of judicial review works as a safety valve and ensure smooth functioning of organs of state. Early Compliance Problems with Interpretations As discussed in the start, Supreme Court is not in a position to force its decision on society. It does so through constitution and gaining respect its just decision. Today, it finds itself in a position of such respect and authority that no organ of state would deny its authority but reaching this stage has taken almost two centuries. There had been instances in the past where it could not enforce its decisions due to lack of respect on part of stake-holders e.g.: In Worcester V. Georgia, State of Georgia refused to implement the decision of Supreme Court in 1832. (Worcester V. Georgia, 1832) Many states in the South refused to allow black children in white schools even after the decision of Brown V. Board of Education. Counter Mechanism: Congressional Powers against Supreme Court While the Supreme Court has wide powers to interpret the constitution, Congress is also vested with certain powers to influence Supreme Court. Section II of Article 3 subjects Supreme Court to exceptions and regulations made by Congress e.g. it can increase the number of Judges in Supreme Court and then the president can appoint new judges to form a favorable majority. Similarly, Congress can bring amendments in congress to reverse the opinion of Supreme Court. (Pollock V. Farmers’ Loan And Trust Co., 1895) Apart from judicial review, a couple of other factors also help in ensuring that writ of the highest court is followed. These factors include: Political Factor - Appointment by Head of Executive As per Article 2 of the Constitution, the judges of Supreme Court are appointed by the President who himself is the head of Executive powers in United States. The appointed judges are always considered to be very close to the president who appoints them. This results in a strong executive force behind the judges of Supreme Court. Structural Benefit - Service till Death or Desire In certain countries, judges of superior courts retire at a certain age but in US judges may continue to serve till their death or the time they retire themselves. This factor makes their presence in legal system long-lasting. An intentional effort is made not to replace more than one judge at a time even if one wishes to leave. This results in a strong bench with continuity of thought and same also reflects in interpretational process and judicial review. It also liberates the judges from political pressures. Criticism on Supreme Court’s right of interpretation Supreme Court’s right of interpretation is also subject to some criticism. Some scholars argue that it leads to too much judicial activism and courts start enforcing their views on constitution. Others argue that Supreme Courts indulges itself into political matters instead of legal issues. George bush’s victory in 2000 Presidential election is often quoted in this regard. (Bush v. Gore, 2000) Conclusion The above discussion suggests that Supreme Court does not have a physical force to ensure compliance with its orders but the legal force behind its decisions and interpretations is so strong that it is hard to ignore that in a civilized state. Wherever in the world the social fabric of a nation is weak, the superior courts are unable to enforce their verdicts. For example during the year long Lawyers movement in Pakistan in recent history we see that Supreme Court of Pakistan could not assure implementation of its orders and even the last success came due to pressure from political quarters. (PLD, 2007) But in a country like US, were the constitution stands high in the morals of the people and institutions are strong, it is not possible for any organ of state to refuse implementation of Supreme Court’s orders. Even in case of extreme differences there are set paths, discussed above, to counter any decisions of Supreme Court rather than just ignoring it. Supremacy of Constitution and Independence of Judiciary are cherished goals in a society and US has reached this stage after centuries of struggle towards rule of law. Work Cited Blackstone, William and Hammond, William, Commentaries on the Laws of England, (1890), Page 238 Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) Dred Scott v. Sandford, 60 U.S. 393 (1856) Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) United States V. Nixon, 418 U.S. 683 (1974) Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) Pollock v. Farmers Loan & Trust Company, 157 U.S. 429 (1895) Bush v. Gore, 531 U.S. 98 (2000) PLD (2007) SC 578 Read More