Judicial Branch and the U.S. Legal System

The Judicial Branch and the U.S. Legal System
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The Judicial Branch and the U.S. Legal System
Of all its sources of pride, fame, and power, the United States’ most treasured prize is her Constitution. While her undisputed military might, unrivaled technological inventions, vast natural resources, and a trillion-dollar economy are all instrumental to her super power status, it is the Constitution that makes her truly unique in the sense of being “the land of the free.” Founded on the principles of the Declaration of Independence, of which the most revered is the protection of the right to liberty, the American Constitution is the beacon of human civilization. In particular, the separation of powers among the three arms of government, the executive, the legislature and the judiciary, is the masterstroke through which the nation’s founding fathers hoped to create a free, democratic, and just society. To each arm of government the Constitution specifies certain duties and functions, whose execution is independent from the influence of the other arms. Thus, the executive acts as the head of state, making decisions of national importance such as declaring war. The legislature (Congress) makes and amends the laws, which are left for the judiciary to interpret regarding their constitutionality and relevance in the execution of justice.
It would be expected, naturally so, that such a glorified legal system functioning in such a structured government would be truly independent in resolving legal disputes and promoting social justice. However, the dependence of the judiciary on the executive and the legislature for appointment into office and political goodwill to enforce court rulings compromises its independence in making critical decisions. This essay highlights some of the concepts in chapter eight in American Government: Power and Purpose, “The Judicial Branch and the U.S. Legal System,” (Lowi, Ginsberg, Shepsle, & Ansolabehere, 2013), which shows that the American legal system is not free from political influence by either of the other two arms of government, the Presidency and Congress.
The Supreme Court is the most powerful institution in the U.S. legal system. Its major function is to interpret laws and determine whether they are constitutional, or the actions taken by government officials have legal basis in the Constitution. The court carries out this function through the process of judicial review, in which it makes a ruling regarding the constitutionality of federal, state or local law, or whether government actions/decisions comply with Constitutional provisions. Thus, the court has powers to nullify or cancel an action or law if it determines that that action/law is unconstitutional. And herein lies the catch of giving the Supreme Court all these powers; its decisions cannot be disputed or challenged by the executive or Congress. Thus, the judiciary’s independence and immunity from outside ...