2006-11-06 02:22:41 · 4 answers · asked by krystallinn d 1 in Politics & Government ➔ Government
The judicial branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President. It consists of the Supreme Court and the lower federal courts.
It acts as checks and balance on the other two governing branches, the Executive and Legislative branches, therefore it must be independent of the other two branches. the American Government needs all three branches to function properly. Taking any one out of the equation would give you a nonworking equation and what we know as democracy in this country would fail.
2006-11-06 03:00:40 · answer #1 · answered by Country Hick 5 · 0⤊ 0⤋
The Founding Fathers, fearful of tyranny, enshrined the separation of powers between the three branches of government, and wished the Supreme Court to be an important referee in this matter. John Marshall, the early and long-serving Chief Justice, strengthened the powers of the federal government immensely: perhaps that needed to be done in the early years of the Republic. The difference today is between those who think the Constitution should be interpreted strictly and narrowly and those who believe that times change and the Supreme Court should change with them. There are people, generally conservative, who think that the recent rulings on freedom of private sexuality show the Court overstepping its authority, and others who feel the opposite, not a theoretical matter because some states had outlawed sodomy. President Bush favors Justices who interpret the laws without legislating from the bench(his words). In the time of Franklin Roosevelt, when the New Deal was controversial, FDR nominted and confirmed Justices in favor of his policies. The independence of the judiciary is an important principle but actual independence lies in the eyes of the beholder. The Court has placed restictions on how Guantanamo detainees are to be treated but the Bush administration has sought to find other ways of getting around the ruling.
2006-11-06 10:42:03 · answer #2 · answered by tirumalai 4 · 1⤊ 0⤋
For accountability, there should be a judiciary that can hold the Executive government to account as well as the subjects, rather than just being a tool of the government.
2006-11-06 10:31:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
To protect our rights. The legislative and executive branches are too close to the money to care.
2006-11-06 10:30:33 · answer #4 · answered by buggeredmom 4 · 0⤊ 0⤋