U.S. Supreme Court U.S. Supreme Court

Authority of U.S. Supreme Court
Article 3 of United States Constitution gives authority to the United
States Supreme Court. The statute in the Title 28 of United States code
establishes the jurisdiction of the court. Supreme Court promulgates
rules governing presentation of the cases before the court. The power of
“Judicial review” provides Supreme Court with important
responsibility of guaranteeing person rights and preserving
constitution, whose wide provisions apply constantly on complicated
situations. Judicial review power is unavailable in the text of
constitution. The case Marbury v Madison (1803) was used to establish
judicial review power for Supreme Court. In this case, Supreme Court was
forced to decide whether constitution or the Act of congress was supreme
law of United States. The original jurisdiction of Supreme Court to give
writs of mandamus (thus is legal orders forcing government officials to
function according to law) came from Judiciary Act of 1789 (Zelden,
2007).
Under the Judiciary Act of 1789, a suit was brought but Supreme Court
realized that Constitution did not allow it to exercise original
jurisdiction in this issue. Since Article 5 of Constitution states that
constitution is Supreme law of United States, Supreme Court held that
the Act of congress, which goes contrary to the constitution, could not
stand. Before passage of Fourteenth Amendment (1869), provisions of Bill
of Rights were applicable to federal government only. After
Amendment’s passage, Supreme Court started ruling that majority of its
provision could apply to states as well. Thus, Supreme Court has final
say on when the right is protected by constitution or a time when
constitutional rights are violated (Zelden, 2007).
Roles of the President and Congress in the creation of laws that the
Supreme Court reviews
The president has power to appoint judges of Supreme Court. Supreme
Court only adjudicates on Acts enacted through political system by
president and congress. Judges are nominated by president and are ratify
by senate. After appointment, Judges take their position and can be
removed through impeachment process. It is a common practice for senate
to ratify president’s appointment. The major responsibility for
ratification is vested on Senate Judiciary Committee. In most cases, the
president is permitted to have free choice of justices. Congress has
power to decide the number of the Supreme Court Justices. United States
Constitution grants Congress power to set up courts inferior to Supreme
Court. Generally, the Congress determines jurisdiction of federal courts
(Morehead, 2000).
Role of each branch of government when it comes to creating,
implementing, enacting, vetoing, and reviewing a statute
The three branches of government works together to make sure that there
is no branch that becomes very powerful.
Executive (the President and vice President)
United States president is responsible for making sure that laws passed
in Congress are implemented and enforced. The President can overrule the
law passed in Congress. He has power to refuse to sign bill into law.
Both are elected leaders and they give final command.
Legislative
Legislative is made up of senate and House of Representatives. However,
only Congress has power to declare war and pass laws in United States.
Judicial
President and Senate appoint judicial officials thus they are not
elected officials. It is essential to note that members of judicial
branch must have work as judge before appointment, while executive and
legislation need not be a judge to be elected into their positions
(Morehead, 2000).
Exclusionary Rule and its development from origin to today
Exclusionary rule is accessible to any Defendant during criminal case as
remedy for unlawful search, which violate rights set in Fourth
Amendment. Where it is applicable, this rule dictates that the evidence,
which is unlawful obtained, should be excluded under Fourth Amendment.
One essential consequence of Exclusionary Rule is “fruit of
poisonous” doctrine. The rule holds that, besides material uncovered
in process of illegal search being unacceptable, any evidence gathered
later as indirect result of illegal search will be excluded. There are
two exceptions to “fruit of poisonous tree” doctrine. First, police
must have independent source of the knowledge of evidence aside from
fruits of illegal search, there after the doctrine exclude any
discovered evidence. Second, if discovery of evidence was
“inevitable,” evidence can be admitted, because it was legal search
that made evidence to be found. The word “inevitable” is strong and
to admit evidence under the exception, the court must establish whether
police could have discovered that evidence with or without conducting
any reasonable search (Zelden, 2007).
The following are examples of exclusionary rule. First, police conducted
an unlawful search in a residential area and found a map indicating
location of marijuana field located about 50 feet behind loading dock of
a busy commercial strip. Police went to that field and seized the
marijuana. Marijuana is admissible as evidence before a court. Even
though police went to that field because of information discovered
during unlawful search, the court found that the discovery was
inevitable. Second, Officer Brady unlawfully searched Donald’s barn
and discovered documents identifying that Donald is a culprit behind
internet swindle. The following day, a trustworthy informant e-mailed
Officer Brady similar documents. These documents are acceptable as
evidence since there was independent source for evidence besides illegal
search. Third, police performed an unlawful search in Fred’s residence
and discovered stolen commodities. On counter, they found a notepad
where Fred wrote “Computer stuff for sale, hot and cheap! Call Fred
555-1234.” Police called that number and got more evidence against
Fred. However, the evidence was unpredictable since the advert never ran
(Morehead, 2000).
References
Morehead, J. (2000). Introduction to United States government
information sources. Englewood, Colo: Libraries Unlimited.
Zelden, C. L. (2007). The judicial branch of federal government: People,
process, and politics. Santa Barbara, Calif: ABC-CLIO.
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