Autonomy of the Law

Paper Summary:

This paper discusses the autonomy of the judiciary branch of the US government. The author presents a brief history as to how this independence was established and further discusses the importance of its autonomy. Several different perspectives of the judiciary system are considered.

Outline:
Introduction
Roosevelt's' New Deal Plan & Courts
The Internalist Approach
The Externalist Approach
Courts Handling of Commerce Power Issues
United States v. Lopez
Heart of Atlanta (Motel) v. the United States
Discussions and Conclusions

From the Paper:

"The executive, legislature and judiciary are the three branches of the national government in United States. Speaking on the occasion of 2003 Law-Day, President Bush highlighted the independence of the judiciary as an important pillar of the administrative system. He said, "Our constitutional system of separation of powers places careful limits on the powers of judges and separates the responsibilities of making laws and interpreting laws between the Legislative and Judicial branches. Independent Federal judges have the autonomy to make decisions and interpret the law unfettered by outside influences. In this way, we are assured that our laws will be interpreted justly and applied with uniformity". "

Sample of Sources Used:

• CRF; Constitutional Rights Foundation, Bill of Rights in Action, Sept 1998, [Online] retrieved from Internet on 6 July 2006, http://www.crf-usa.org/bria/bria14_2.html
• Cushman, B., Rethinking the New Deal Court: The Structure of a Constitutional Revolution, Publisher: Oxford University Press. Place of Publication: New York. Publication Year: 1998.
• Hilbank, T., A New Antidote for Nine Old Men, Review of Cushman's Rethinking of the New Deal Court, Institute for Law & Society, New York University.1999
• Lane, C., High Court Rejects Detainee Tribunals, Washington Post, June 30, 2006
• White, G. Edward, AHR Forum: Constitutional Change and the New Deal: The Internalist/Externalist Debate. The American Historical Review 110.4 (2005): 67 pars. 6 Jul. 2006, http://www.historycooperative.org/journals/ahr/110.4/white.html

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