Summer Blog # 3

Posted by JOANNA BLUME on 7/8/2019

This is post number three. Please complete them in order, starting with week 1.

The judicial branch is probably the most misunderstood of the three branches in our national government.  Americans have a high standard of justice and when we feel justice is not served (perhaps like we may see in the George Zimmerman or Casey Anthony cases) we get angry and rail against the system.  Our country has always had a passionate love-hate relationship with this branch.  Many of the grievances listed in the Declaration of Independence concerned this branch:

 
 
  • He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.  
  • He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. 
  • For protecting them, by mock trial, from punishment for any murders which they should commit on the inhabitants of these states.  
  • For depriving us in many cases, of the benefits of trial by jury: 
  • For transporting us beyond seas to be tried for pretended offenses:
 
In convincing the states to ratify the Constitution, Alexander Hamilton wrote the following about the judicial branch in The Federalist, #78:
 
 
 "It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter."
 
With a simple majority of five, the US Supreme Court can strike down any law, halt any action, or refuse to intervene to save a life.  When you couple those powers with the fact that these members serve for life--THAT'S power!  Click on the links below to look over the following case summaries. Post your comments as to: 
  1. Whether or not you agree with these decisions & why or why not, and;
  2. Whether or not we have concentrated too much power in the hands of too few.  
 
Department of Commerce v. New York
 

 

Rucho v. Common Cause
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