Discussion 4
2. I think a theme of this article is the checks and balances that each branch has on one another, but another major theme is the idea of judicial review. The president made an executive order, but the courts interpreted the constitution and decided that the executive order was not constitutional and that it was the role of the congress to control spending. This just shows that the branches of the government keep each other in check and prevent from tyranny because they are constantly scrutinizing each other. The judiciary is the interpreter of the legislation, and they have the power to determine the meaning of the law. This is a huge vessel of power and slows the agenda of a single president. In Marbury v. Madison, judicial review was created as a check to Adams at the time. Now, judicial review acts as a check on all of the branches.
3. Independence in the court system is very important as a way to check the other branches and to protect against the tyrannical majority. Independence allows for justices to make decisions for the betterment of the country and not to gain re-election. The courts also need to be independent so that they are not swayed by other branches or political parties and so that they will make the best decision as possible. The court also needs accountability so that they do not act unconstitutionally and make decisions that are not based in American policy. I think that although the courts have accountability with presidential appointment, they mostly have independence which is the best case scenario. All of the other branches are directly influenced by public opinion except the judicial branch so that in itself acts as a check. The courts need protection in order to be respected in the government.
2 replies
- Re: Discussion 4Caroline, I found your answers very intriguing! I never thought of the judicial branch as the strongest but after your reasoning, I can see how it can be interpreted as the strongest. I really liked your point on how their "ability to interpret the law and decide how it will imply" is a huge unchecked power because I think that is becoming more and more seen in our day in age. I completely agree with your answer to question 2 and find strong similarities among our answers. Although I think that independence and accountability need to be equally balanced I understand your reasoning for why independence is more important.
Post by Landyn Taylor
Re: Discussion 4I definitely agree with your answer to question 1. I more so focused on how long they serve in the court, but their usage of judicial review is a large role they get to play in checks and balances. I agree with your answer to number 3 as well, I feel as though they are both very important to our government, but we definitely need to ensure that the other branches are not trying to overpower each other, especially unconstitutionally to the masses.