Essay on Chapter 10

Submitted By jiwonl012
Words: 6280
Pages: 26
Open Document
Chapter 10: The Judiciary
Roots of the Federal Judiciary
The detailed notes James Madison took at the Constitutional Convention in Philadelphia make it clear that the Framers devoted little time to writing Article III, which created the judicial branch of government.
The Framers believed that a federal judiciary posed little threat of tyranny.
One scholar has even suggested that, for at least some delegates to the Constitutional Convention, “provision for a national judiciary was a matter of theoretical necessity…more in deference to the maxim of separation [of powers] than in response to clearly formulated ideas about the role of a national judicial system and its indispensability.”
The Framers also debated the need for any federal courts below the Supreme Court.
Some argued in favor of deciding all cases in state courts, with only appeals going before the Supreme Court.
Others argued for a system of federal courts.
A compromise left the final choice to Congress, and Article III, section 1, begins simply by vesting “The judicial Power of the United States…and in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
Article III, section 2 specifies the judicial power of the Supreme Court.
It also discusses the Court’s original and appellate jurisdiction.
This section also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed.
The third section of the article defines treason, and mandates that at least two witnesses appear in such cases.
Had the Supreme Court been viewed as the potential policy maker it is today, it is highly unlikely that the Framers would have provided for life tenure with “good behavior” for all federal judges in Article III.
This feature was agreed on because the Framers did not want the justices (or any federal judges) subject to the whims of politics, the public, or politicians.
Moreover, Alexander Hamilton argued in Federalist No. 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.”
Some checks on the power of the judiciary were nonetheless included in the Constitution.
The Constitution gives Congress the authority to alter the Court’s jurisdiction (its ability to hear certain kinds of cases).
Congress can also propose constitutional amendments that, if ratified, can effectively reverse judicial decisions, and it can impeach and remove federal judges.
In one further check, it is the president who, with the “advice and consent” of the Senate, appoints all federal judges.
The Court can, in turn, check the presidency by presiding over presidential impeachment.
Article I, section 3, notes in discussing impeachment, “When the President of the United States, is tried, the Chief Justice shall preside.”
The Constitution, however, is silent on the Court’s power of judicial review, which allows the judiciary to review acts of the other branches of government and the state.
This question was not resolved until Marbury v. Madison (1803), regarding acts of the national government, and Martin v. Hunter’s Lessee (1816), regarding state law.
The Judiciary Act of 1789 and the Creation of the Federal Judicial System
In spite of the Framers’ intentions, the pervasive role of politics in the judicial branch quickly became evident with the passage of the Judiciary Act of 1789.
Congress spent nearly the entire second half of its first session deliberating the various provisions of the act to give form and substance to the federal judiciary.
As one early observer noted, “The convention has only crayoned in the outlines. It left it to Congress to fill up and colour the canvas.”
The Judiciary Act of 1789 established the basic three-tiered structure of the federal court system.
At the bottom were the federal district courts- at least one in each state.
If the people participating in a lawsuit (called litigants) were unhappy with
Show More

Related Documents: Essay on Chapter 10

Chapter 10 Essay

Student name: Ihtishaam Ali Date submitted: 3/8/15 Chapter: 10 Chapter Review Questions Questions are at the end of each chapter under the “For Review” heading 1. intention to make offer, definiteness of terms, communication of offer Expression of opinion, joke, statement of future intent 2. When it is so agreed by the parties, when offeree commences performance to his determent before offer is revoked 3. Voluntary act by offeree (words and/or conduct) shows assent timeliness communication…

Words 948 - Pages 4

Chapter 10 Essay

Chapter 10 Leadership of Culture, Ethics, and Diversity The Power of Culture – An organization determines the way that it responds to changes in its external and internal environment. Organizational performance is enhanced when strategy, structure, and capabilities are aligned to culture. Experts and scholars on organizational culture have long maintained that culture serves two important functions in organizations: (1) it creates internal unity, and (2) it helps the organization adapt to the external…

Words 433 - Pages 2

Chapter 10 Essay

Chapter 10 Joints Arthrology is the science concerned with joints. Joints are classified according to their relative freedom of movement. A diarthrosis is freely movable. An amphiarthrosis is slightly movable. A synarthrosis is immovable. Joints are also classified according to how the adjacent bones are joined. In fibrous joints, collagen fibers cross the gap between two bone matrices and join them. In cartilaginous joints, the two bones are held together by cartilage. In synovial joints, the…

Words 1280 - Pages 6

Chapter 10 Essay

Shalisa Partee Chapter 10 1. The specific needs that my agency addresses is the need for quality public education. The agency also addresses the need for community and family connectedness. 2. Within the geographic area served by my community there are twenty two percent of the population that is seventeen years of age or below. 3. The average for Baltimore city is twenty one percent. 4. There is no specific subpopulation that is most likely to experience to experience or need this service. All…

Words 551 - Pages 3

Essay Chapter 10

Berkeley City College Music 15A Jazz, Blues and Popular Music in America Jazz Styles Chapter 10: Cool Jazz 1. The Style of Cool a. A style that developed in the late 1940’s and into the 1950’s was cool jazz. Cool jazz in contrast to bebop is generally softer in timbre, less angular in melody, less busy, avoids roughness or “brassiness,” relies more heavily on sophisticated chord arrangements, and often uses softer toned instruments like the flugelhorn, French horn and tuba. b. Cool was the most significant…

Words 849 - Pages 4

Chapter 10 Essay

Chapter 10 1. Why have teams become so popular? a. As organizations have restructured themselves to compete more effectively and efficiently, they have turned to teams as a better way to use employee talents b. Teams are more flexible and responsive to changing events c. Teams facilitate employee participation in operating decisions d. Teams are an effective means for management to democratize organizations and increase employee motivation 2. Differences between groups and teams a. Group: two or…

Words 452 - Pages 2

Chapter 10 Essay

Terms | Definitions | legitimacy | A characterization of elections by political scientists meaning that they are almost universally accepted as a fair and free method of selecting political leaders. When it is high, as in the United States, even the losers accept the results peacefully. | referendum | A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment. | initiative petition | A process permitted…

Words 369 - Pages 2

chapter 10 Essay

Entrepreneurship: Successfully Launching New Ventures, 4e (Barringer/Ireland) Chapter 10 Getting Financing or Funding 1) inDinero, the company profiled in the opening feature for Chapter 10, is described by its cofounders as "the fastest way for small businesses to manage their finances." Which of the following is not true about inDinero's founding story? A) In 2009, inDineor's founders applied to TechStars, which is a Boulder, CO-based seed-stage fund/incubator, and were turned down. B) The…

Words 5792 - Pages 24

Chapter 10 Solutions Essay

10 Sinusoidal Steady State Power Calculations Assessment Problems AP 10.1 [a] V = 100/ − 45◦ V, I = 20/15◦ A Therefore 1 P = (100)(20) cos[−45 − (15)] = 500 W, 2 Q = 1000 sin −60◦ = −866.03 VAR, [b] V = 100/ − 45◦ , B→A I = 20/165◦ P = 1000 cos(−210◦ ) = −866.03 W, B→A Q = 1000 sin(−210◦ ) = 500 VAR, [c] V = 100/ − 45◦ , A→B I = 20/ − 105◦ P = 1000 cos(60◦ ) = 500 W, A→B Q = 1000 sin(60◦ ) = 866.03 VAR, [d] V = 100/0◦ , A→B A→B I = 20/120◦ P = 1000 cos(−120◦ ) = −500 W, B→A Q = 1000…

Words 8209 - Pages 33

Chapter 10 Solutions Essay

Solutions to Chapter 10 REVIEW CH. 9 CASH FLOW EQUATIONS ON P. 309 - 310 5. Revenue = Price  quantity = $2  6 million = $12 million Expense = Variable cost + fixed cost = $1  6 million + $2 million = $8 million Depreciation = $5 million/5 years = $1 million per year CF = (1  T)  (Revenue – expenses) + T  depreciation = .60  ($12 million – $8 million) + .4  $1 million = $2.8 million a. NPV = –$5 million + $2.8 million  annuity factor(5…

Words 533 - Pages 3