Court Systems Interview
G.M.
University of Phoenix
AJS/504
June 22, 2015
William Miller
Court Systems Interview When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national
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Judge Moore informed probate judges on the eve of the historical same-sex marriage decision that the federal ruling did not apply to them. Later on, in a separate ruling, it was ordered that the many of the counties that were holding back from marrying same-sex couples were to start issuing licenses to same-sex couples. Still Judge Moore says he stands firm in that while the court can authorize same-sex marriages but they cannot force a constitutional officer to disobey his oath by doing so (Elliott, 2015). Federal district judges held the law defining marriage as a union between a man and a woman unconstitutional (Eastman, 2015). However, the United States Supreme Court met and ratified Chief Justice Moore’s stance.
Judge Moore went on to elaborate that there are two, not one, judicial system. Federal and state courts exist in close proximity and both are to follow the United States Constitution (Eastman, 2015). Article VI of the Constitution clarifies this stating “All…judicial Officer, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution (Cornell University, n.d.).” Moore
The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power
Facts: In 2008, the California Supreme Court held that limiting marriage to opposite-sex couples violated the California Constitution. In response, California voters passed Proposition 8, amending the State Constitution such that “only marriage between a man and a woman is valid or recognized.” The California Supreme Court held that Proposition 8 was properly enacted under state law. Respondents (Perry et al.) are two same sex couples who wish to marry, and filed suit to challenge Proposition 8 in Federal Court. The suit named various state officials as defendants, yet they did not defend nor appeal any subsequent ruling in court. The federal district court allowed the official proponents (Hollingsworth et al.) of the Proposition to intervene
The Supreme Court is the highest level of the federal court system. It consists of nine justices, including a chief justice and eight associate justices. Very rarely do cases originate on the level of the Supreme Court. The judges and justices that preside over the courts of the United States determine the constitutionality of laws and legislation.
The United States has a federal court system and fifty state court systems, with each system having its own organization, structure, and jurisdiction. The U.S. Constitution is the supreme law of the land granting shared power between the federal government and the state governments. In common, all systems are multi-tiered; “predominantly hierarchical in structure (trial courts are first level, and appellate courts sit above them in successive or ascending tiers) (Banks and O 'Brien 132)”; and they all have to adhere to the constitution. The 1789 Judiciary Act laid the foundation of the federal judiciary’s organizational structure and jurisdiction. It ensured that State courts would have concurrent jurisdiction with Federal courts regarding the interpretation of the constitution and federal law (Banks and O 'Brien 127).
The U.S. Supreme Court is responsible for being the final judge in all cases involving the laws of congress and the constitution. The Supreme Court, however, is far from all-powerful. Its power is limited by the other two branches of government. The Supreme Court is just here to say when the government is not doing the right thing. The judiciary act of 1789 helped to establish the Supreme Court."The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790." Supreme Court of The United States. (n.d.). The Supreme Court at Work.
However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally divided between central governing body and various constituent units. In the United States, the federal government makes laws, but federalism also gives the state’s power to make their own laws (Siegel, Schmalleger, & Worral, 2011). The Founding fathers saw it as a way to serve as check on an abusive or tyrannical government.
Under the constitution of the United States we split the power of the government up into three sections, Executive Legislative and Judicial. The Judicial Branch is one though of extreme importance basically because it sets the standards of right and wrong in a sense. At the top of the Judicial branch sits the Supreme Court which consists of 9 Justices, one supreme and 8 associate which could be subject to change by congress (Brief Overview of the Supreme Court). There is one justice though whom stands out when I think of the Supreme Court ant that is Earl Warren.
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,
The Supreme Court of the United States was established in 1789 by Article III of the United States Constitution. It is the highest federal court in the United States. The Supreme Court as head of the judicial system has the power to check the President of the United States and Congress. The Supreme Court provides the final interpretation of federal constitutional law and all decisions are final and absolute. The Supreme Court is to ensure that the U.S. Constitution is upheld.
The Supreme Court is the only court that is created by the Constitution. The Supreme Court of the United States has the obligation to come to a decision for settling disputes and interpreting their opinion the meanings of laws . They also decide what national policy will be when it applies law to certain disputes. The Supreme court has to refer back to the constitution when it comes to the final say on all legal matters that come to it. The Supreme Court is the highest court in our systems. When it comes to their final decisions there is no dispute against them. It is the only court that has final say on Judicial Review. It has original jurisdiction over cases from lower federal courts and the highest state courts. The main functions of the Supreme Court are to settle disputes between states, hear appeals from state and federal courts and determine the constitutionality of federal laws. The Supreme Court has the responsibility of making sure that all the laws are beings followed according to the Constitution of the United
After the ratification of the Constitution of the United States, the Supreme Court was established in 1789 in order to settle disputes of federal law by making it the highest authoritative court in America. As stated in Article III of the Constitution, “The judicial power of the U.S. shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It serves as a checks-and-balance measure against the executive and legislative branches. But because the Constitution only provided for the creation of the Supreme Court and not much else, its specific role has been determined over the passing of time. The Court’s stances and decisions of various cases throughout history have developed
The Supreme Court is the highest court in the federal judicial system. Like other courts, it has jurisdiction to hear and decide legal issues only for certain kinds of cases that are brought to it. Reference to Baum (2010), the Supreme Court should be viewed as both a legal and a political institution and as part of a policy making system that includes lower courts and the other branches of government. This ambiguous and complexity position between the political process and the legal system influence what the court does (Baum, 2010, p.3).
In the United States, the Supreme Court is considered “the highest court” (Ginsberg et.al. 2017: 375). It means that it is responsible for deciding if the government laws follow the Constitution. Even though the Supreme Court has a small composition, the Module 9: Lecture 2 stated that it has “9 members”. These nine members are nominated for the president. For example, the recent nomination was the new judge, Neil M. Gorsuch. Gorsuch, who was nominated for the President Donald Trump, is the new member of the court. Thus, these illustrious judges become part of Supreme Court. It is important to recognize that its power can be limited to the states law or constitutions; however, it offers to give acts of Congress with the purpose of interpreting them. That is how the Supreme Court does its job.
The US legal system is divided in several levels within USA. The constitution of the US establishes a federal government (Pomeroy, 1883). According to the Federal Judicial Center (n.d.) the US constitution provides certain authorities to the federal government. However not all authority is appointed to the federal government, individual states have their own legal codes, judicial system, state constitution and overall governmental framework.
Recently the Supreme Court reviewed a case in Alabama, violating the principles of the “full faith and credit clause” of the constitution. When two women adopted twins in Georgia, years later the couple moved to Alabama and then divorced. When legally in Georgia both parents had custody. When moving to Alabama, the rights were different. When one mother wanted to see the children the other mother denied her parental rights and was not able to see the children; because in Alabama only one of the moms is legally the parent. Which can result in holding single custody of the child and depriving the other parent of their parental rights. This case led to a tug of war against the U.S Supreme and Alabama Supreme Court. Along with the incident of same sex parental rights, Chief Justice Roy Moore prohibited judges in Alabama from granting marriage license to same-same couples. After U.S Supreme Court ruled bans on same-sex marriage are