The Instigator
noticeoferror
Pro (for)
Tied
0 Points
The Contender
sara_ann_dee
Con (against)
Tied
0 Points

Is the Judicial branch more powerful than the other two?

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Voting Style: Open Point System: 7 Point
Started: 7/18/2015 Category: Politics
Updated: 2 years ago Status: Post Voting Period
Viewed: 1,686 times Debate No: 77826
Debate Rounds (3)
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Votes (0)

 

noticeoferror

Pro

I believe with the establishing of Judicial review, that the Judicial branch is more powerful than the Executive and Legislative. When examining Judicial Review in particular, it is the act to declare an action or law Constitutional or Unconstitutional. Good luck and hope this is a good debate.
sara_ann_dee

Con

(Thank you for debating with me - I am looking forward to it)

The legislative branch is definatly the most important branch of the three. The legislative branch passes laws that are voted on by congress - without this branch, thisn country would pretty much be anarchy. With no constitution or laws to protect and secure people, murder rates with be much higher - as well as crime rates. There would be less jobs, cops would not be a thing as well as lawyers - the country would be very unsafe. If this branch is considered to be less important than the judicial branch - I will be awestruck because the country would not be a nice place to live in anymore.
Debate Round No. 1
noticeoferror

Pro

Very valid point.
For brief history, Judicial Review was established in 1803 in the Marbury v. Madison case. Essentially, in the case, Chief Justice Marshall announced that if a law is not compliant with the Constitution, then the Supreme Court has the authority to indeed declare it unconstitutional. With this being said, if congress passed a law, the Supreme Court could declare it unconstitutional. In case of such circumstances, Congress has the right to overrule with 2/3 vote. Consequentially, 2/3 vote is rare and hard to obtain.
In this round I'm not trying to reiterate my point, but to stress the validity of Judicial Review and the power thereof.
sara_ann_dee

Con

Okay - good job explaining what the judicial branch is - but can you please post a counter argument for my first round argument in this round? I will then pose a counterargument for yours.
Debate Round No. 2
noticeoferror

Pro

Well, if one read my last statement it was not defining the judicial branch, but explaining the importance of Judicial Review. There is a tremendous difference between the two. Also, for your counterargument, I stated that the laws that the Legislative branch make can be overruled by the Judicial Branch. You did a great job explaining what could happen if the Legislative branch fell, but consequently the Judicial Branch would have to fall as well to to succumb to anarchy; technically, all three. Now that i countered your first argument, I am going to make another point of why the Judicial Branch is more powerful. The Judicial Branch operates under closed doors. With this, they are able to make decisions without any consultation with the other two branches. Also, if one wanted to strengthen their argument, the members of the Judicial branch are set for life. No matter of public opinion, the nine members of the Judicial Branch may make decisions the same way for their lifetimes. With these points I've brought up, I believe the Judicial branch not only has the most lee way, but the most power among the three branches.
sara_ann_dee

Con

I did read your previous argument, but the judicial branch cannot make laws up on their own. It is the legislative branch that is in charge of making up the laws - then the judicial branch can take it from there. But think of it this way - the legislative branch is the foundation / or the base, and everyone knows that the base is needed to get anywhere.
So no, the other branches would not have to fall for the country to be anarchy. This is all I have to say - because of anything happened to the legislative branch for example - it would have a domino effect on the others.
Debate Round No. 3
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