Judicial Powers and Limitations

Paper Summary:

This paper takes an in-depth look at Article III and Amendment XI of the United States Constitution. The paper reviews the history of this article and the events and issues leading to Amendment XI. According to the paper, Article III of the Constitution of the United States laid the foundation of the American judicial system. Article III is defined by this paper as a simple description of the judicial branch of the United States Government.

From the Paper:

"Nevertheless, much of Article III remains vague, as does the precise meaning of the Eleventh Amendment. While making clear the existence of the Supreme Court, and Congress's control over inferior federal courts, the United States Constitution provides no guidance whatsoever on the arrangement of these lesser courts. By the same token, Amendment XI does not clarify which cases of "law and equity" remain within the jurisdiction of the states and their courts. The modern system of federal district courts and courts of appeals represents Congress' interpretation of Article III's "inferior courts." Still, the scope of these courts is debated even today. One need only look to the recent proposals by certain members of Congress to eliminate the Ninth Federal Circuit Court of Appeals to find a contemporary example of an enduring controversy. The present-day concern over whether federal judges exercise too much power and influence over national law and policy - the ability of federal judges to "legislate from the bench" - is a matter hotly debated by many elements in today's Congress, and a significant part of the nation's overall political landscape. The Supreme Court's decision in Bush v. Gore (2001) - the decision that effectively awarded the presidency to George W. Bush - is but one of many cases that, opens up questions in regard to the decision's wider application. "

Sample of Sources Used:

• Collier, Christopher; and Collier, James Lincoln. (1987). Decision in Philadelphia: The Constitutional Convention of 1787. New York: Ballantine Books.
• Eskridge, W. N. (2005). Pluralism and Distrust: How Courts Can Support Democracy by Lowering the Stakes of Politics. Yale Law Journal, 114(6), 1279+.
• (1997). The Federalist Papers Reader and Historical Documents of Our American Heritage (F. Quinn, Ed.). Santa Ana, CA: Seven Locks Press.
• Jillson, C. C. (1988). Constitution Making Conflict and Consensus in the Federal Convention of 1787. New York: Agathon Press.
• Keck, T. M. (2002). Activism and Restraint on the Rehnquist Court: Timing, Sequence, and Conjuncture in Constitutional Development. Polity, 35(1), 121+.

More papers on Judicial Powers and Limitations:

• Term Paper # 91792 : "Judicial Powers and Limitations"
• Analytical Essay # 123926 : "Separation of Powers"
• Analytical Essay # 149067 : "Irish Courts' Approach to Discretionary Administrative Powers"

APA Citation:

MLA Citation: