The judicial Power of the United States

The judicial Power of the United States

Instructions/Descriptions

The judicial Power of the United States

1.

Article III of the United States Constitution establishes the federal judiciary.  Article III, states “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.” (United States Constitution). One of the most important parts of the United States Constitution is how federalism divides judicial power between the States and national.  Federalism also produces a more distribution of powers between all three levels of our government Local, State, and Federal government. “Because of these complexity’s, it has resulted in fragmented laws.” (Neubauer, 2016, p. 16).  The impact of federalism on the US system of criminal justice has also been complex.  It has created over three thousand different police jurisdictions that operate independently with conflicting rules.

The Supreme Court of the United States is the highest court in the country, there purpose is to hear cases and ensure that the Constitution is upheld.  The United States is a very diverse country with each State having different ideas on laws.  In order for the U.S Supreme court to hear a case it must involve an issue with federal law.  If an issue is involves State law it will typically be handled by the States Supreme court.  The United States Supreme court receives about 10,000 different petitions but only hears about 80 of them.  It is not interlay clear what motivates them on what case to hear some of it is pressure from society and politicians.  The Court will hear cases that involve conflicts of law, even more so when other federal courts disagree on a ruling.  They will step in and make the final decision on these cases.  I do not know of a way to simplify these complexities.  At this point they are rooted into our court system as a nation, it would take a serious reform to make any changes.

2.

According to our text, federalism is one of the most important features of the U.S. Constitution which shares governance between national government and state governments (Neubauer & Meinhold, 2017). It is a multifaceted, ever-changing network of relations between national, state, and local governments that requires participation from all in nearly every area of policy. There are three ways to organize the power in the United States government: unitary, federal, and confederal. There are 51 separate legal systems in the United States – one for each state and one for the federal government. In the United States, the two major layers of government are at the state and national levels. Federalism is when a system has more than one layer that overlaps the same territory.

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Courts hear two different types of disputes: criminal and civil. Under criminal law, governments establish rules and punishments; laws define conduct that is prohibited because it can harm others and impose punishment for committing such an act. Crimes are usually labeled felonies or misdemeanors based on their nature and seriousness; felonies are the more serious crimes. When someone commits a criminal act, the government (state or national, depending on which law has been broken) charges that person with a crime, and the case brought to court contains the name of the charging government, as in Miranda v. Arizona. Modern federal systems generally provide direct lines of communication between the citizenry and all the governments that serve them. The people may and usually do elect representatives to all the governments, and all of them may and usually do administer programs that directly serve the individual citizen. The existence of those direct lines of communication is one of the features distinguishing federations from leagues or confederations. It is usually based on a sense of common nationality binding the constituent polities and people together.

The judicial Power of the United States

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