Independent Judiciary
Constitution Principles by Will, Alisa, Matthew, and Jessica
Definition and Points
Some basic standards that most independent judiciaries should have include
1.)The judges don't base anything off of personal beliefs or opinions.
2.)Fairly similar to the last, is that the case is free from persuasion of those outside of the testimonies that the judges hear.
3.)The final decision is respected and carried out by the people.
4.)Federal judges are appointed by the President, but approved by the Senate
5.)The Constitution grants the Supreme Court original jurisdiction, an authority that Congress cannot strip.
How is Judicial Independence Maintained?
Where in the Constitution Does it State the Creation of an Independent Judiciary?
Illustrations of Independent Judiciary
Justice
U.S. Supreme Court Justices
An Average Courtroom
Why is an Independent Judiciary Important?
Checks the Judicial Branch Makes on the Other Branches
1.) Can declare executive acts unconstitutional
2.) Acts as an overseer of the President of the United States
Legislative
1.) Can declare bills unconstitutional
2.) Congress can't change salaries of justices
Current and Past Events
An example of independent judiciary is the Elonis vs. U.S. case because it involves judges making a decision whether or not to allow first amendment rights on social media.
Past:
The Elian Gonzalez Affair was a heated dispute that involved the Cuban and U.S. government in which the U.S. Supreme Court had to determine whether or not to send Elian back to his father in Cuba in 1999.
Which Philosopher and Document Did We Gain Insight From?
- Montesquieu thought of the concept of separation of powers in the government, as well as checks and balances. The judicial branch has checks on the other two branches, but the other branches have limits on their checks towards the judicial branch. Congress cannot change the salary of federal judges.
- U.S. judicial system still follows concepts from the Magna Carta such as Habeas Corpus.