progressive reformers
In what ways do the legislative and executive branches restrain the judiciary?
I believe that, when considering the fact that they as individual branches have the fully granted power to not only make the laws but; they are also the ones seeing that these laws be enforced through proper channels and chain of command. This leaves the judiciary with limited actions. However if actions were to be taken against specific laws then the Supreme Court have the final say. Although all have a say in the power of the law, the judiciaries take care of all the formalities. Example; if there’s an issue or concern in regards to specific laws made or being enforced the judiciary branch sees to it that it is properly resolved. They settle disputes involving legal contacts and see to it that they are enforced. No one branch makes a decision without the other checking to see if the outcome can be considered balanced “checks and balances”. (Talmadge). However they are restrained by state and federal mandates.
What powers do the judiciaries have to restrain the other branches?
The judiciary has the power to disagree with a law made and find it unconstitutional which then leads in some situations to a hearing in front of the Supreme Court. Example; “When the supreme court ruled against the removal of the Cherokee from their native land in 1831. President Andrew Jackson disagreed. He then proceeded with the removal of the Cherokee and the Supreme Court was powerless to enforce its previous decision”
Provide a current example of this legal contest dealing with a particular criminal law and provide the citation for the law.
The law is defined as the body of rules of conduct created by the government and enforced by governmental authority. (Basic Criminal Law: the constitution, procedure and crimes/ Anniken V. Davenport-3rd edition) Example same sex marriage. There isn 't anything in the constitution saying it can’t happen, but in some states it is considered a criminal act. The
I believe that, when considering the fact that they as individual branches have the fully granted power to not only make the laws but; they are also the ones seeing that these laws be enforced through proper channels and chain of command. This leaves the judiciary with limited actions. However if actions were to be taken against specific laws then the Supreme Court have the final say. Although all have a say in the power of the law, the judiciaries take care of all the formalities. Example; if there’s an issue or concern in regards to specific laws made or being enforced the judiciary branch sees to it that it is properly resolved. They settle disputes involving legal contacts and see to it that they are enforced. No one branch makes a decision without the other checking to see if the outcome can be considered balanced “checks and balances”. (Talmadge). However they are restrained by state and federal mandates.
What powers do the judiciaries have to restrain the other branches?
The judiciary has the power to disagree with a law made and find it unconstitutional which then leads in some situations to a hearing in front of the Supreme Court. Example; “When the supreme court ruled against the removal of the Cherokee from their native land in 1831. President Andrew Jackson disagreed. He then proceeded with the removal of the Cherokee and the Supreme Court was powerless to enforce its previous decision”
Provide a current example of this legal contest dealing with a particular criminal law and provide the citation for the law.
The law is defined as the body of rules of conduct created by the government and enforced by governmental authority. (Basic Criminal Law: the constitution, procedure and crimes/ Anniken V. Davenport-3rd edition) Example same sex marriage. There isn 't anything in the constitution saying it can’t happen, but in some states it is considered a criminal act. The
Cited: Talmadge, P. A. (n.d.). Understanding the limits of power Judicial restraint in general jurisdiction court systems. www.ushistory.org/gov/9e.asp. (n.d.).