Congress and the Judiciary

Paper Summary:

The paper offers a brief review of the primary duties of the Congress (the U.S. Senate and U.S. House of Representatives) and of the judiciary. The paper then presents examples of judicial/legislative dynamics, namely, the issue of executive power subsequent to the terrorist attacks of September 11, 2001 and the continuing controversy surrounding prisoners at Guantanamo in Cuba.

Outline:
Introduction
Examples of Judicial/Legislative Dynamics

From the Paper:

"It is interesting that the legislators back in the 18th Century who wrote the Constitution did not specifically give the judiciary the power to check the laws Congress passes in order to verify (and interpret) their Constitutionality. That judicial authority is an "implied power" (strengthened through Marbury v. Madison in 1803), while Congress's authority to oversee the judiciary is an explicit power, written into Constitution in Article 1. But both sources of power are wielded with great authority and much media attention in the United States today."

Sample of Sources Used:

• American Civil Liberties Union (ACLU). "Safe and Free: Restore our Constitutional Rights."Retrieved February 7, 2008, from http://www.aclu.org.
• Cornell University Law School. "United States Constitution: Article I." Retrieved February 7,2008, from http://www.law.cornell.edu/constitution/constitution.articlei.html.
• Cutler, Leonard. "Human Rights Guarantees, Constitutional Law, and the Military CommissionsAct of 2006." Peace & Change, 33.1 (2008): 31-59.
• Lichtblau, Eric. "In Senate, a White House Victory on Eavesdropping." The New York Times 25 January 2008. Retrieved February 7, 2008, from http://www.nytimes.com.
• Savage, Charlie. "AG won't probe CIA or torture laws; Says Justice Dept. memos signed offon waterboarding." Boston Globe 8 February 2008. Retrieved February 8, 2008, fromhttp://www.boston.com.

More papers on Congress and the Judiciary:

• Term Paper # 124947 : "Congress and the President"
• Comparison Essay # 61358 : "U.S. and British Judiciary Branch"
• Book Review # 119545 : "Gideon's Trumpet" and the 14th Amendment"

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