Weiler

Lyndsey Weiler
9/21/18
SIS308

The Judiciary branch is part of our three branches to interpret the laws and judge
whether or not they adhere to what is written in our constitution. It is important however that
the judges are not necessarily bound by what is in our constitution. It is there judiciaries role to
interpret our laws and use the constitution as a road map. Judges may rule in what is morally
right or wrong, instead of following the laws and proper punishment. The judiciary branch has
high power to act. There is no power above the courts once laws are being discussed in courts
those decisions are the final ruling unless there are appeals or retrials. However, all final rulings
must go through the court systems. Judges within the judicial branch will not dictate a decision
based on the law or what is written but rather what benefits the majority.

As discussed above there is no higher power stopping judges from absolute rule. This
can be both powerful and somewhat overbearing. It can be very powerful in making sure that
the laws are always being adhered to along with the checks and balances of all out branches
even though some opinion will be present with every matter. On the other side absolute power
seems to strong to have within one branch however there are other ruling put in place to check
the judicial branch. The Good Behavior clause protects both the other branches and the judicial
branch from the first sight of tyranny and wrong doing within the judicial branch.

Judges main role in our judicial system is making sure our laws are being interpreted in a
correct manner. Judges help establish both written laws and unwritten laws. Judges do not
necessarily construct new laws, however when laws are under questioned or new case laws are
brought into court it is a judge’s job to instruct what is in our constitution and use it to know if
what is being brought to courts it acceptable or not. Judges are supposed to follow the law at
hand and not fall to their own judgment, even though sometimes their judgment may impose
their decisions. Some argue that the role of a judge is to create laws, but let’s break down if
they really could create a law. A judge does not have to power to simply make up a law and
vote it into law for their own personal gain. There is an order of checks and balances to get a
new law into our government. However, if we look at case law it could seem more that judges
do create laws. Case law is when new rulings proof that something is now constitutional or
unconstitutional that may not already be written. They are technically creating unwritten law
but they do not create written law. It can seem that they do have the power to create laws
because they are the highest power of interpreting the law.