Judiciary Power outline

Judiciary Power outline - Judiciary Power (Convention and...

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Judiciary Power (Convention and Ratification Debates) In the Convention - Virginia Plan o Resolution 8: The executive and some members of the national judiciary will form a council of revision with the authority to examine every law passed by Congress before its operational. o Resolution 9: National Judiciary will be established w/ one or more supreme tribunals and inferior tribunals chosen by Congress. They will hold offices during good behavior and have a fixed compensation that can’t be changed while they’re in office. The inferior tribunals will here the cases before being sent to supreme tribunal. Supreme tribunal will be an appellate court, and have original jurisdiction on cases about piracies and felonies on high seas, against foreigners, about collection of national revenue, impeachments of national officers, and questions involving national peace and harmony. - Argument of whether or not the Judges should share the vetoing power with the president o many argued that they shouldn’t because it would be a sharing of powers that they shouldn’t be involved in making the laws. o Others argued that that the judges should only expound on the laws when they come before them, or else they’ll have a biased opinion o On pg. 79 Madison argued that there is no problem with the judges being in the revisionary council. There being there insures that the executive won’t be influenced by foreigners or by factions to veto or not to veto a law. Leaving power to one person is leaving them vulnerable to corruption. Judges will diminish this danger checking executive power. Will allow the judiciary to have a check on the legislature The proportion of laws in which they participated that would come into question is really low, and the advantage of their participation outweighs the disadvantage. There is no improper mixture of powers with their involvement, but actually provide check on executive and legislative branches plus the Judiciary participates in legislation in England o Wilson/Madison also said better to have them there because laws may be passed that may be unjust, unwise, or dangerous, but judges couldn’t do anything about it because may not be unconstitutional. o
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This note was uploaded on 04/07/2008 for the course PSCI 102 taught by Professor Dry during the Spring '07 term at Middlebury.

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Judiciary Power outline - Judiciary Power (Convention and...

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