Influences on Judicial Power Essay -- Political Science Judicial Revie

Influences on Judicial Power   Ã‚  Ã‚  Ã‚  Ã‚  Under Article III of the Constitution the judicial branch was established, but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review. Chief Justice John Marshall, in his ruling of Marbury v. Madison, established the principle of judicial review advocated by Hamilton in the Federalist Papers. Originally designated as the weakest of the three branches in government by the framers of the Constitution, the Judiciary has accumulated an increase in political influence through judiciary review and has proven to be an essential institution in the separation of powers as well as an active participant in the system of checks and bal ances.   Ã‚  Ã‚  Ã‚  Ã‚  According to Hamilton in Federalist 78, the judicial branch has the least amount of power among the three branches of government. The Judiciary is â€Å"the weakest of the three departments of power, that it can never attack with success either of the other two† (Woll, 410). The enumerated powers of Congress include the authority to collect taxes, borrow money, regulate commerce, and pass federal law. These assigned powers permit Congress to control the economy and regulate the public by adopting legislations. The Executive branch has the power to enforce laws, negotiate treaties, and accept ambassadors. Possessing these powers along with being the Commander in Chief of the armed forces, the President is capable of leading the federal government through perils pertaining to the public. The Judiciary â€Å"has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resoluti on whatever†¦It may truly be said to have neither FORCE NOR WILL, but merely judgment† (Woll, 410). The Judicial branch lacks the influential power possessed by Congress and the President in the federal government and is further limited by presidential appointment of justices and congressional decision to establish lower courts. The Supreme Courts’ ability to pass judgment, however, gives significant power... ...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 unconteste d establishment of judicial review has significantly strengthen its authority and it is undeniably an influential branch within the governmental system today.