The independence of the judicial branch is ensured by making sure that the judges cannot receive a reduction in their salary and cannot be removed from the bench by a president who might oppose the judge's views. This gives judges a security in their job that allows them to make decisions without worrying about political pressures.
The United States Constitution created these two protections in order to ensure that the judicial branch's decisions would remain independent. The Constitution is full of checks and balances between the three governmental branches in order to keep the country running smoothly. Judges for the Supreme Court are appointed by the president with advisement from the Senate.
President William Howard Taft was one of the leaders in the development of institutions of a judiciary nature that could govern themselves. For many years, judiciary courts still needed administrative support from the government's executive branch. Taft felt that this created too much of an interdependence between the two and sought to eliminate this interdependence in many ways.
There have been court critics through the years that are unhappy with judicial independence; however, as Taft was able to recognize, the constitutional protection of judges depends on public faith as well as a responsive court system. The public faith only exists when the public believes that political parties will be unable to influence the judicial process, which requires an independent judicial system.Learn More
Once passed by the legislature and signed into law by the president, the people of the United States can challenge any law in the courts under the authority of the judicial branch. Laws deemed unconstitutional by the judiciary are considered void. In this way, justices of the courts become the final arbiters of the fairness and legality of a law's provisions.Full Answer >
The role of the judicial branch in the U.S. government is to explain laws of the country, determine if laws are constitutional and regulate the federal court system, according to WhiteHouse.gov. Members of the judicial branch are appointed by the president with confirmation from the Senate.Full Answer >
Although there are both federal and state judicial branches with separate powers; unless specified, the judicial branch typically refers to one of three branches in the U.S. Government. The three branches work together to "check and balance" each others' power. The judicial branch is a check on the executive and legislative branches of government. According to the White House, the federal judicial branch has sole power to interpret the U.S. Constitution and federal law.Full Answer >
The judicial branch is important because it interprets the laws of the nation. The judicial branch also has the power to compel the production of evidence. In the United States, the Supreme Court is the superior court of the judicial branch, and its decisions must be interpreted as law by the inferior courts.Full Answer >