While Article I of the Constitution introduces the Legislative Branch, and Article II of the Constitution introduces the Executive Branch, Article III of the Constitution introduces the Judicial Branch. The Judicial Branch is mainly composed of the Supreme Court. “The Supreme Court is the top court in the United States, and no other court can challenge it.” (Judicial Branch of Government). “The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.” (The Role of the Supreme Court). The Supreme Court can tell the President that his actions are prohibited by the Constitution. The Supreme Court can also tell the Legislative Branch that one of their laws has contravened the U.
S Constitution, and can decide if it is no longer a law. Like all 3 Branches, limitations come with powers. The power of the Judicial Branch is restricted by the other 2 Branches. “Courts have jurisdiction only on certain areas. Some courts can only hear certain kinds of cases.
The Supreme Court can hear any kind of case because it holds original jurisdiction in America. Courts cannot enforce their own decisions. In fact, if other judges disagree with one judge’s opinion they may ignore it all together.” (What are the Limits to the Judicial Branch?). This means that the judicial branch is restricted so that the decisions made must be approved by the Executive Branch before the they can enforce them.The Judicial Branch is structured like a tree, with the Supreme Court as the trunk. Each court handles different types of cases. “The Supreme Court is the highest court in any jurisdiction.
If an appellate court makes an error, or if the parties think the law as it stands is unjust, they can appeal from the appellate court to the supreme court.” (How is the Court System Structured?). The Supreme Court is like the trunk because it is the main, or biggest part of the tree. The lower courts are the branches because their power correlates to how a tree’s branches split and get smaller.Some changes have been made to the Supreme Court over the years. For example, “The Judiciary Act of 1789 set the number of Supreme Court justices at six. Between then and 1869, Congress raised the number five times and lowered it twice.” (Changes in the Judicial Branch).
Then, in 1866, Congress decreased the seats from 10 to 7. Later again, in 1869, it changed to 9 seats, and that has been the current number of seats since then. This shows that throughout the years, the Congress was constantly changing the number of seats to keep things balanced.
Another example is “During the twentieth century, Congress decreased mandatory appeals and increased discretionary, or optional, appeals to the Supreme Court. Since 1988, almost all of the Supreme Court’s caseload has been discretionary. If a party wants to appeal to the Supreme Court from a court of appeals, he or she must file a petition for a writ of certiorari, a petition that asks the Supreme Court to review the case.” (Changes in the Judicial Branch). Congress lessened the amount of mandatory appeals and added more discretionary appeals. This means that more appeals must be approved or accepted by the judges, rather than accepting all of the appeals submitted. The power of the Supreme Court has changed many times throughout the centuries.
Marbury v. Madison is a landmark case that forms the foundation of judicial review under Article III of the Constitution. It helped elucidate the border between “the constitutionally separate executive and judicial branches of the American form of government.
” (Marbury v. Madison). The case of Marbury v. Madison is where President John Adams’ Secretary of State was unsuccessful in delivering documents which commissioned William Marbury as Justice of the Peace in the District of Columbia. Once Thomas Jefferson was president, he told James Madison, the Secretary of State, not to deliver the documents in order to keep members of the rival political party from getting a spot in office.
William Marbury then sued James Madison and asked the Supreme Court to command James Madison to deliver him the documents. “The Marbury v. Madison decision expanded the power of the Supreme Court in general, by announcing that the 1789 law which gave the Court jurisdiction in this case was unconstitutional. Marbury thus lost his case, which the Court said he should have won, but, in explaining its inability to provide Marbury the remedy it said he deserved, the Court established the principle of judicial review, i.e., the power to declare a law unconstitutional.
” (Marbury v. Madison). This case has a strong effect on America because it resulted with judicial review.