Monday, April 2, 2018

Constitutional 101 The judicial Branch

The third branch of the Federal government is the judicial Branch.
The Federal courts:

 The job of the Federal courts is to handle disputes with foreign nations on land or sea...disputes between the states, oversee  the military   courts  (federal service)  or to settle questions that bear on the Constitution.

The major role of the American Court system  is to ensure fair play in court under the law and it is the duty of the judge to see that that happens.

Now since Marshall, the court has taken to itself the idea of a English Judge name of Coke; that of Judicial Review( look up Marbury vs Madision  1803) Marshall gave the case to Madison by saying the law that Marbury based his case on was unconstitutional and therefor void.
Now there is NOTHING in the Constitution that gives the Court that power but hey as Jefferson won he let it pass. (Now if you think Judicial a good power  pass an amendment in my view)

Courts and lawyers are very important ( I know we love lawyer jokes) without courts and lawyers, whom the people trust in,   the only way to settle major issues is civil war.


Public notice:
Many dispute my opinion of JR  as it is the heart of the "Living Constitution thesis"
In support of my view  NONE have been able to point to a line or word in the Constitution that supports the  Judicial Branch having that power. I say the "the Constitution is a legal document that says what it says and does not say what it does not say>"

http://www.foxnews.com/politics/2014/03/15/justice-scalia-constitution-is-not-living-organism.html
https://www.supremecourt.gov/about/biographies.aspx

Image result for picture of the federal court

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