Judiciary

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I agree with Hamilton that is the weakest branch of thegovernment. First, the lacks control over theimplementation of its decisions, and the only power it has is that ofjudgment. For instance, as Professor Patterson says while some policerespect the suspect’s rights protected by the judiciary, some donot. Another example is that there are many policies that are notwithin the mandate of the . These include educationpolicies, military deployment, and foreign policies among others(Patterson, 2005). Additionally, the President appoints the SupremeCourt Judges, and as Professor Patterson says, he proposes to theSenate judges that have opinions similar to his. This means that thejudiciary makes decisions that are similar to the executive of theday, making it less powerful. According to Patterson (2015), thelegitimacy of the Court depends on the decision of the executivebranch of government. For example, while the Judges have lifetimetenure, the Senate is mandated to ensure that they act in goodbehavior. On this note, according to Federal Judicial Center, in 1904Judge Charles Swayne was impeached on the basis of abuse of officeand among the charges was an abuse of his contempt power as a judgeand the Senate confirmed the impeachment.

According to Professor Patterson, all of the ten most conservativeSupreme Court judges over the last 70 years were appointed byRepublican Presidents. In the Citizen vs. United States, the fiveJudges of the Supreme Court who ruled that the Constitution prohibitsthe Congress from restricting the people’s exercise of free speechwere all conservatives. At the same time, the conservatives comprised60% of the independent group campaign spending (Peterson, 2005).Thus, even if neither the Democrats nor Republican judges rule thesame all the time, their political background affects how they rule.

References

Federal Judicial Center. “History of the Federal .”Retrieved on March 26, 2016.http://www.fjc.gov/history/home.nsf/page/judges_impeachments.html

Patterson, T. (2015). “Federal Courts.” Accessed on March 26,2016,https://www.youtube.com/watch?v=7MHs0ayv2ho&ampindex=21&amplist=PL3B8Iv_F65lDaBNDiKa8JLar682Rd7plq