Courts_ second paper

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Courts: Second Paper Judge Ireland The American system of government is seen and described as a delicate balance of power. This balance is not accidental but is a result of a deliberate and thoughtful design, emphasizing the importance of checks and balances. These checks and balances are an essential part of the U.S. government system, ensuring that no single branch becomes too powerful, preventing an abuse of power and upholding the principles of democracy. Each branch of the government exercises checks ober the others, and examining specific instances of where checks and balances have played a critical role in maintaining this balance of power is to be discussed. Checks and balances within the U.S. government system begin with the concept of judicial review, a cornerstone of constitutional law. Judicial review refers to the power of the courts, especially the Supreme Court, to review and potentially invalidate laws or government actions that they find to be unconstitutional. This power is pivotal in maintaining the balance of power within the government. One landmark case that established the precedent for judicial review is Marbury v. Madison. In 1803, the Supreme Court, under the leadership of Chief Justice John Marshall, decided the Marbury v. Madison case, which had a profound impact on the U.S. government's structure. Marbury v Madison Marbury v. Madison revolved around a political appointment dispute during the transition from the Adams administration to the Jefferson administration. William Marbury had been appointed a justice of the peace by the outgoing President John Adams, but his commission was not delivered before the transition of power occurred. This led to Marbury seeking a writ of mandamus from the Supreme Court to compel Secretary of State James Madison to deliver the

commission. In a groundbreaking decision, Chief Justice Marshall declared that the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, was unconstitutional. This decision was based on the principle that it was the Court's duty to interpret the Constitution and ensure that laws passed by Congress adhered to it. By doing so, Marshall asserted the power of judicial review, establishing that the Supreme Court could declare acts of Congress unconstitutional. Marbury v. Madison's impact on the balance of power was significant. It demonstrated that the judiciary could check the legislative branch by invalidating laws that violated the Constitution. This decision firmly established the judiciary as an equal partner in the system of checks and balances, preventing potential abuses of power by the legislative branch. Example Cases In addition to Marbury v. Madison, there have been other key cases in which judicial review played a significant role in preserving the balance of power. Notable cases include Roe v. Wade (1973), which determined the legality of abortion, and Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide. These cases exemplify the Supreme Court's ability to protect individual rights and uphold the Constitution, even in the face of potential opposition from the other branches of government. US v. Nixon Another important case that exemplifies the operation of checks and balances in the U.S. government is United States v. Nixon (1974). This case emerged from the Watergate scandal, which raised critical questions about executive power, the rule of law, and the accountability of the President. United States v. Nixon revolved around President Richard Nixon's refusal to comply with a subpoena requesting the release of White House tapes and documents related to

the Watergate break-in. Nixon claimed executive privilege, arguing that he had the right to withhold these materials. This case raised two key issues: the scope of executive privilege and the limits of presidential power. The Supreme Court's decision in United States v. Nixon was a resounding affirmation of the principle that no one, not even the President, is above the law. The Court ruled unanimously that executive privilege could not be used to shield evidence in a criminal case. The decision established that the executive branch could not evade judicial oversight or congressional investigation through the broad application of executive privilege. The implications of the United States v. Nixon decision were substantial. It reinforced the idea that the President's power is not absolute and that there are limits to executive authority. This case underscored the judiciary's role in checking the executive branch's potential abuses of power and upholding the rule of law. Comparison Analysis To better delineate the effectiveness of checks and balances in the U.S. government system, it is crucial to compare and contrast Marbury v. Madison and United States v. Nixon in terms of their impact on the separation of powers. Both cases illustrate the judiciary's role in preventing abuses of power by other branches. Marbury v. Madison emphasized the importance of judicial review, allowing the judiciary to check the legislative branch's authority by declaring laws unconstitutional. United States v. Nixon, on the other hand, highlighted the judiciary's role in ensuring that the executive branch does not overstep its boundaries, especially in matters related to the rule of law and accountability. Marbury v. Madison set a precedent for judicial review, while United States v. Nixon underscored the principle that no one, including the President, is immune from legal scrutiny. These cases collectively demonstrate that the system of checks and balances in the U.S. government is effective in preventing and rectifying abuses of

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power. The broader implications of these cases extend beyond the specific branches they involve. They emphasize the enduring importance of maintaining a delicate balance of power in a democracy. The judiciary's role in interpreting and upholding the Constitution, as demonstrated in Marbury v. Madison, ensures that laws and government actions are consistent with the nation's foundational principles. Meanwhile, United States v. Nixon highlights that even the highest-ranking officials are subject to legal scrutiny, reinforcing the rule of law as a cornerstone of American democracy. In conclusion, the U.S. government's system of checks and balances is essential for safeguarding the balance of power and upholding the principles of democracy. Judicial review, exemplified by Marbury v. Madison, allows the judiciary to prevent the legislative branch from passing unconstitutional laws, while cases like United States v. Nixon demonstrate that no branch, including the executive, is above the law. The lasting impact of these cases on the U.S. government system is immeasurable. Marbury v. Madison established a precedent that endures to this day, while United States v. Nixon reaffirmed the importance of accountability and transparency in government. The separation of powers, checks and balances, and judicial review continue to be the foundation of the American political system. Reflecting on these cases and their historical significance, it becomes evident that the U.S. government's ability to preserve its balance of power is vital to maintaining the strength and integrity of democracy.

References Magrath, C. P. (1969). The Judiciary and the Separation of Powers. The Yale Law Journal, 78(3), 394-428. Irons, P. H. (1998). A People's History of the Supreme Court. Penguin Books. Shniderman, B. B. (2004). A Docu-Drama on Watergate: United States v. Nixon. PS: Political Science & Politics, 37(4), 773-775. Amar, A. R. (1987). Marbury, Section 13, and the Original Jurisdiction of the Supreme Court. University of Pennsylvania Law Review, 135(3), 1101-1184.