Separation of Powers: The United States Government
The principle of "separation of powers" of the United States Government allows for an executive, legislative, and judicial branch. Article III of the Constitution establishes the judicial branch, but it is much briefer than the elaborate descriptions found in Articles I and II delineating the legislative and executive branches. The vagueness with which the founders treated the federal judiciary has allowed the function and structure of the branch to evolve and be interpreted by practice over the years. The highest court in the land, also known as the "court of last resort," is the Supreme Court which was established in Article III. The Supreme Court has a profound influence on the United States because of the pivotal role in plays in deciding constitutionality and affecting public policy. The members of the highest court and their function is tightly controlled and cautiously administered as befits such a potentially powerful office. The federal judiciary is comprised of three layers. At the bottom layer are the courts that are known as the "workhorses" of the federal judiciary. There are currently 94 of these district courts that have original jurisdiction in many kinds of cases. The district courts may hear civil and
The case of Brown v. Board of Education of Topeka Kansas (1954) is an example of a case that made an impact on public policy, overturned a precedent, and changed the lives of many Americans. This case is known as the case that forced individual states to desegregate their schools and allow black and white children to attend schools together. The Brown case overturned Plessy v. Ferguson (1896) which had asserted the principle of "separate but equal." The famous lawyer Thurgood Marshall-who later became a justice on the Supreme Court-argued for the plaintiff that black children were being denied the equal protection guaranteed by the 14th amendment to the Constitution. After much discussion and a re argument, the Supreme Court issued a unanimous opinion written by Chief Justice Earl Warren that agreed with Thurgood Marshall. He said, "In approaching this problem, we cannot turn the clock back to 1868 when the amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life." Because the court was responsive to changing times, they had to overturn an earlier precedent. Earl Warren continued, "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal." (findlaw). The Brown case became an essential part of the burgeoning civil rights movement. The third and highest level of the federal judiciary is the U.S. Supreme Court. This court is comprised of nine judges who are appointed for life. When a death or retirement causes an opening on the bench, the highly-charged and closely-watched nomination process begins. The president nominates a candidate whom he believes is likely to survive the process. This candidate is, by custom, always a lawyer, but he or she may
Some common words found in the essay are:
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Approximate Word count = 1278
Approximate Pages = 5 (250 words per page double spaced)
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