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What Is the Purpose of the Judicial System?

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    The Power and Scope of the Government

    • The Founding Fathers created the United States government with checks and balances in mind. Coming out of a governmental system where there was a king, the Constitution's framers feared having a large amount of power centralized into one person. Therefore, they gave the three branches power over one another. One of the most important purposes of the judicial system is to define the government's power by declaring actions of the other two branches as constitutional or unconstitutional. The U.S. Constitution grants powers to all three branches, and if one over-reaches by passing a law that regulates too much or by performing an executive act for which the Constitution does not provide, the judiciary can declare it unconstitutional.

    Protecting Rights and Liberties

    • The most visible purpose of the judicial system is to protect people's rights and liberties. In criminal cases, the judicial system has responsibility for the fair and efficient administration of justice. The courts must make sure defendants have all their constitutionally-protected rights, and that lower courts conduct trials fairly and without prejudice. Fairness also carries over to civil cases and trials involving land ownership, contracts, torts, negligence, and other non-criminal disputes. These must happen without regard to who the parties may be or what people may think of the court's decisions. The courts have also helped protect civil rights by ending policies of segregation.

    Determine the Constitutionality of Laws and Acts of Government

    • The United States Supreme Court decided the case of Marbury v. Madison 5 U.S. 137 (Cranch) in 1803, where it adopted the principle of "judicial review." Judicial review is a court's power to declare acts or laws invalid if they conflict with the Constitution. Any judge, not just a Supreme Court justice, may declare an act or law unconstitutional. This power comes from the concept that the United States Constitution is the supreme law of the land, and we cannot follow any law or act contrary to it. This is not a discretionary power.
      If the judge finds a law unconstitutional, he must declare it invalid.

    Significance

    • The judicial system in the United States is very important and significant because it touches the lives of every U.S. citizen. Its purposes are to protect rights and liberties, fairly administer justice, settle disputes, and interpret the Constitution. Not only parties to a court case, but all citizens feel the impact when the Supreme Court interprets laws and acts. Further, because one of the purposes of the Supreme Court is to interpret the Constitution, the Constitution means what the court decides it means.

    Misconceptions

    • Although the Supreme Court interprets laws, protects liberties and rights, and defines the size and scope of the government, it does not have the power to enforce its decisions. The Executive branch has the power to enforce the law, and to enforce the rulings of the Supreme Court. Further, if a decision of the Supreme Court is unpopular, the Legislative branch can write new laws curbing the impact of the court's decision. So, while the judicial system has very important purposes, it cannot achieve these purposes without the assistance of the other two branches of government.

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