Change of Guard

Unit3 IP3

01/25/16

The court systems in our country at one time or another have to deal with whats called “change of guard”. A “change of guard” is when the administration change happens in courts. When this takes place it includes replacing those in key executive position and administrative roles, this can often lead to differences in policies, rules, distribution of power and the way justice is delivered. It can lead to a surmountable amount of pressure on judges. The courts system in any state is based on law and laws have to and need to be adhered to despite what new administration is in place.

The supporters of the strong federal government had thought the judicial branch should have been comprised of the Supreme Court along with lower end courts that are established over the a period of time. However the issue with those that thought this way was that the Article III of the United States Constitution was unclear on exactly what the judicial authority needed to consist of. Now the way in which this was fixed consisted of combining laws as well as the justice into one of the court systems which provided a more effective and efficient highly organized way of acquitting out justice (Patriot, 200d5)

Disputes and issues were focused in the parliament on how who had power and who had authority of the United States Constitution had moved from the states more towards the federal government of the nation. Those that are champions of States’ rights have long fought because they been mindset that courts should have a great deal of power. However those that champion for federal government disagree that only federal court system would be liable to conquer the flaws that had be clear throughout the Confederation era (Perkel, 2008). As it relates to when it comes to the interpretation of the law it is the courts that interpret the by either explaining or clarifying what the law means. This may happen by the court interpreting a said law from a constitution, a...