Section 1 - Judicial powers
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
The duty of the judicial branch is to interpret the laws. Or, in the words of Chief Justice John Marshall, “to say what the law is.” Article III has been interpreted by the Supreme Court to give the judiciary the power to declare acts of the president or Congress unconstitutional. This power, known as judicial review, gives American courts much more influence than in other countries.
Article III is the shortest, and least specific, of the constitutional provisions establishing the three branches of government. The framers of the Constitution spent far less time—and debate—on the judiciary than Congress or the president. Yet the power of unelected judges to overturn laws in a democracy has become one of the most controversial issues in American government.
A few days back I posted a set of videos, this one comes to mind here. And over at me other blog, this post may just bring this Article some light.
1 comment:
"Yet the power of unelected judges to overturn laws in a democracy has become one of the most controversial issues in American government."
i don't mind the courts overturning laws in our nation. it is a part of the check and balance system. where i have a problem is the means used to overturn them and that leads us to the theories of interpretation of the Constitution.
when you have competing theories you will inevitably end up with an inconsistent view of the Constitution and the concept of the theory of precedence has no value in the application of laws.
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