Judicial Branch Of The Federal Government vs The Executive Branch Of The State Government

Judicial Branch Of The Federal Government vs The Executive Branch Of The State Government

To begin with, it is important to mention that the U.S. is a democratic republic, which governs itself by choosing leaders by secret ballot. As a result, these leaders in turn make the rules and provide the work of the governmental system. The forefathers of the nation were concerned that the government would become under rule of a totalitarian regime. It means that they wanted to prevent the situation when one person could obtain so much power in his hands that he could become sole ruler, or dictator (Aderbach, 2006). Obviously, the forefathers believed that they could create a specific government with balances and checks, which could help prevent too much or even absolute power going into sole person or groups hands. Therefore, they divided the government into branches, which could benefit the rights of the common citizens. Evidently, the idea was that the three branches could make the government easier to maintain. Thus, each branch would have its own function. Generally, they divided the work of the U.S. government with the added feature of giving ever branch the power to check on the other branches. It means that they share the responsibility and try to prevent redundancy. As a result, the government of the U.S. is divided into main branches, such as the legislative, judicial, and executive branches. This paper focuses on the comparison and contrast of the judicial branch of the federal government and the executive branch of the state government. Obviously, it is essential to make such researches because the current world is constantly changing, and the structures of the government could also change. It could bring some negative influences due to the negation of the primary idea of the forefathers.

In the aspect of the current research, it is important to note that the executive branch is responsible for the constant administration of the changes in Constitution and enforcement of laws passed by the legislative branch. Evidently, the U.S. President leads the executive branch, which includes the President’s advisors, all federal agencies, and the fifteen-member cabinet. The President serves as the chief executive, or commander-in-chief. A close look at the data proves that this branch is responsible for carrying out various laws nowadays. Among other important duties, the executive branch proposes a federal budget, recommends and enforces federal laws, directs our foreign policy, appoints and nominates federal government officials, and commands the Armed Forces. The President has the right to approve or veto legislation, which serves as a specific check on Congress’ authority. The President could also grant amnesty and pardons, which serves as a specific check on the judicial branch.

The governor is the chief executive officer on the state level. It is important to highlight that the governor shares the entire control of the state’s executive functions with a big number of other elected officials. Evidently, the executive officer administers the operations and programs of state government, which helps him to serve the people directly. Thus, it regulates activities, provides medical care for the poor, promotes the state to attract new businesses, and supervises the provision of services by state government such as education. Obviously, the executive branch provides support functions, which are necessary to fulfill these responsibilities, such as personnel, purchasing, and budgeting. Needless to say that the executive branch of the state government is closely connected with the work of the judicial branch of the federal government.

The data yielded by this study, provides convincing evidence that the Article III of the Constitution defines the judicial branch of the federal government of the U.S. Evidently, the U.S. federal courts make up the judiciary branch of the federal government of the U.S. organized under the U.S. Constitution and different laws of the federal government. The researches show that Article III of the Constitution makes the requirement establish the Supreme Court. Furthermore, it permits the Congress to create federal courts, and place various limitations on their jurisdiction. It means that Congress has the authority to regulate the entire judicial system as a whole. However, the courts themselves have much of this power. The President appoints the judges with the consent of the Senate to serve until they are impeached, resign, retire, or die. It means that the cooperation between the executive and judicial branches happens at this level of governmental relations. It is essential that Congress also have the power to establish tribunals in order to assist in the execution of its powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge. It is necessary to note that the Supreme Court is the main body of the judicial branch. It is the top court in the U.S. and any other court can challenge it. Evidently, the main job of the judges in the Supreme Court is to make various interpretations of the Constitution (Neubauer, 2012). It means that the Supreme Court’s job is to decide who is correct according to the Constitution in some situation. There are nine judges, who sit on the Supreme Court. Obviously, the odd number of justices is important to reduce the chances of ties in various cases. Thus, the decision simply needs a majority of justices to apply it.

Needless to say that the judicial branch has great power over the common law. On the other hand, it is still very limited due to a specific complex system of checks and balances. Obviously, the most important aspect of the judicial branch in the current paper is the way it fits the entire governmental system and how it coordinates with the executive branch. The history shows that the judiciary, from the real nature of its functions, would always be the least dangerous to various political rights of the constitution due to its low capacity to annoy or injure them. This opinion of Alexander Hamilton is partly true, because the executive branch of the state government depends on the judicial branch of the federal government. Although, the executive branch has a big influence on the courts and judges, the system has many backdoors, which give a big power to the judicial branch. It happens because the judicial branch keeps the legislative and executive branches in their boundaries (Neubauer, 2012). Evidently, the judicial branch has no authority to audit the U.S. Constitution, but every authority to uphold it. According to A. Hamilton, the Constitution belongs to judges to ascertain its meaning and the meaning of any particular act, which proceeds from the legislative body. It means that the judicial branch has a huge influence on the executive branch of the state through the agency of the legislative branch (Toobin, 2008).

Obviously, it is possible to find the example of such dependency in the analysis of the Presidential powers. In the aspect of the current research, it is important to mention that the executive branch of the state government also depends on this situation. Thus, to ensure that the U.S. President could never become extremely powerful, the lawmakers made the biggest part of the Presidential Powers dependent upon the specific will of Congress (Aderbach, 2006). Therefore, The President has the right to make treaties with foreign countries, but these treaties must be approved by the Senate. The influence of the judicial branch is hidden in such situation. However, it is understandable that the laws and courts prevent the negative political dispute (Ivins, 2008). The same situation is present in the dialectics of the judicial branch of the federal government and the executive branch of the state government, when the structure and the rights of the governor or his assistants depend on the decision of the judges. On the other hand, the governor has a big influence on the selection of judges.

Taking everything into account, it is possible to conclude that the influence of two examined branches on each other is constantly changing. However, the superior thinking of the American Forefathers made it possible to maintain a balance in these relations. They tried to divide powers among the branches in such a way that separate branches could share power, resulting in a specific complex system of balances and checks, which prevents any single branch from gaining power over some other. Without any doubts, in case of the corruption absence, the system could work perfectly.  

Custom writing services: buy university essay

References

Aderbach, Joel. (2006).Institution of American Democracy: The Executive Branch. Oxford University Press. 640.

Ivins, Molly. (2008).Bill of Wrongs: The Executive Branch’s Assault on America’s Fundamental Rights. Random House Trade Paperbacks. 240.

Neubauer, David. (2012).Judicial Process: Law, Courts, and Politics in the United States. Cengage Learning. 544.

Toobin, Jeffrey. (2008).The Nine: Inside the Secret World of the Supreme Court. Anchor Pubns. 480.