The Federal Judiciary

One 250 + word essay
The Federal Judiciary
The judicial system in the United States is based on the doctrine of federalism. Two court systems exist side-by-side, national and state, and each has a distinct set of powers. State courts, for the most part, are responsible for handling legal issues that arise under their own laws. It is primarily when a federal questions is presented that the federal judicial system can become involved in a state court. Otherwise, state judiciaries are generally autonomous even from one another. The Constitution precisely outlines the types of cases that can be heard by federal courts, yet it is almost impossible to force a federal court to hear a case that falls under its jurisdiction if the judge(s) want to avoid it. The authority of the U.S. Supreme Court has slowly grown over time, largely through the power of judicial review. Nonetheless, federalism has managed to remain a significant barrier against fedral courts becoming too powerful. The judicial system designed by the framers continues to survive and function after 200 years. However, it is more controversial in 2022 than it has been in former times.
EVERYONE MUST ANSWER ONE THE FOLLOWING QUESTIONS IN A 250 OR MORE WORD ESSAY:
1. From the reading, what are the checks on the powers of the judiciary? Are the checks adequate to prevent the abuse of judicial power? Explain.
2. Which position makes the most sense to you, judicial activism or judicial restraint? Justify your position. Is a Republican or a Democratic judge more likely to favor judicial restraint? Explain your answer.
3. This chapter makes the case that federalism is “alive and well” in the relationship between state and federal courts. What evidence is available to support his position?