Title: Influences on Judicial Power - Judicial Law Essays
Headings: Influences on Judicial Power
Influences on Judicial Power
Content: By granting the writ authorized by the Judiciary Act, Marshall is defying congressional legislation; however, he is maintaining the doctrine of the Constitution, which is superior. Hamilton conceived the judicial branch as the weakest of the three governmental branches; however, it is an indispensable contributor to the system of checks and balances. The executive and legislative branches check the judicial branch through the President’s power to appoint justices and Congress’ power to establish lower courts. The judicial branch checks both the executive and legislative branches through judicial review, which was established by Marshall in the case of Marbury v. Madison. Hamilton also emphasized the significance of judicial independence from political influence of the two stronger branches of government in order to preserve separation of powers. This requisite independence of the judicial branch is achieved through life tenure for justices, which prevents them from being susceptible to political pressures. Article III of the Constitution pertaining to the Judiciary is very inexplicit regarding the powers of judicial branch; however, the uncontested establishment of judicial review has significantly strengthen its authority and it is undeniably an influential branch within the governmental system today.