Wednesday, May 25, 2016

The Judicial Branch



The role of the Judicial Branch is to interpret and define laws. Which involves hearing individual cases and deciding how the law should apply. The Court's Jurisdiction (the authority of court to hear a case) comes from the article 3 of the Constitution. Congress creates one supreme court, and such interferer courts. Thus, congress creates the system underneath the Supreme Court.

The Supreme Court has 9 justices hold office for life, which are nominated by the president. The senate has to confirm to say they are the right person. The Conservatives, the text of the Constitution and federal laws means exactly what is says. If the text is clear, there is no need to look to legislative intent. The Constitution creates a federal government of limited powers.

The liberals sometimes have to look beyond the text of the Constitution or federal laws to legislative history, congressional committee reports, and public policy to decide what the text means, especially in the context of individual rights. They also have Swing votes sometimes the text will be clear and sometimes you will have to look beyond the text to other resources and decide on the case by case basis.

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