Government Law Essay Example | Topics and Well Written Essays - 1000 words

Government Law - Essay Example This authority has permitted the Supreme Court to review in terms of affirming or overturning rulings of lower tribunals and courts. The power of judicial review was first exercised by the Supreme Court in the case titled Marbury v. Madison in 1803 and this power is granted vide Article III, sections 1 and 2 of the Constitution (Urofsky, 2001). Main Body The process by which the Supreme Court makes reviews of cases has changed considerably over time. Currently there are a number of ways in which cases are put up before the Supreme Court. A writ of certiorari petition can be made by parties to the case that has been ruled by a US court of appeals or by writ of certiorari in regard to decisions taken by any state court following rejection of all state appeals. The appeal must imply an issue of federal, statutory or constitutional law. The Supreme Court can also make review of cases by petition for certiorari prior to judgment so that cases can be expedited that are pending before the a ppellate courts. Cases can also be put up by appeal in the context of decisions of district courts in the US that relate to redistricting of state or Congressional legislative districts (Epstein, 1995). The Constitution empowers the Congress to create bills that can become law only after they are signed by the President. The President has veto powers granted by the Constitution empowering him to keep a check on the power used by the Congress. However, such veto can be overridden if Congress musters 2/3rd majority, which proves to be a check on the authority of the President. The Supreme makes an evaluation about the constitutional validity of the law when a person is impacted directly by such law in terms of personal damage (Stuntz, 1997). Mostly, the case has to go through a trial court and subsequent appeals in lower courts before being taken up by the Supreme Court. If the Supreme Court is unable to find a basis to nullify the law, the President has to take a decision. Laws are n ot made by the Supreme Court directly but its rulings shape the law (Cox, 1987). Legislative process involves the Congress whereby it passes bills that have to be approved by the President. If the President approves a bill, he signs it into becoming law. The judicial process involves the Supreme Court in terms of reviewing the law for its constitutional validity. If the law is found unconstitutional by the Supreme Court, it can nullify the same. The President is vested with the responsibility of enforcing Supreme Court decisions. Both the Congress and the President enjoy exclusive rights in creating new laws that are reviewed by the Supreme Court. The President can make recommendations about terms and items that are to be reviewed in this regard (Beard, 2007) The different branches of the government comprise of the Executive, Legislative and Judiciary. The Executive comprises of the President and the Vice President of the country and they are elected leaders in being the First and S econd in command (Spaeth, 1979). The President has to ensure that laws passed by Congress are implemented and he/she has the power to veto and rule against laws that are passed by Congress, which he/she can do by refusing to sign the bill. The Legislative is also known as the Congress and comprises of the Senate and the House of Commons. The Congress has the power to declare war in demanding situations and to create laws for the