What is Judicial Review and why is it so important? Well, Judicial review is the power for a higher
level court to review cases or bills passed involving laws and render those laws invalid if they are in conflict with other higher forms of law, such as Statutes, Treaties the Constitution. It is an important part of the checks and balances to limit the authority of the Executive and Legislative Branch. Without Judicial Review, the other bodies of government would be free to pass and enforce any law without regard to it constitutionality. But the question is: Is the power of judicial review what the founding fathers intended in explaining the rights and duties of the Judicial Branch and of the Supreme Court? Furthermore, is it even necessary
…show more content…
if the other two branches are already obligated to obey the Constitution? First and foremost, the basis of the decision process for the use of Judicial Review is the Constitution; What the Constitution says goes.
"No legislative act, therefore, contrary to the Constitution, can be valid" (Document B). The big pickle (maybe even cucumber) we're in here is deciding if the power of Judicial Review preserves this precedent, or breaks it. One could argue that Judicial Review is another check to the other branches to preserve the supremacy of the Constitution. Others might argue that "There is not a syllable in the plan under consideration which DIRECTLY empowers the national courts to construe the laws according to the spirit of the Constitution" (Document C). Judicial review would, therefore, be setting a precedent not stated in the Constitution. With that said, what is the Supreme Court's Constitutionally given powers? Document D quotes Article 3 of the Constitution and says that the Supreme Court's job is to interpret the Constitution and judge the viability of laws. It says nothing about the Supreme Court having the power to declare a law void. That power can only be inferred from the …show more content…
Constitution and was only granted after The Judiciary Act of 1789 (quoted by Document F). "If two laws contradict each other the courts must decide on the operation of each" (Document G); Somebody has to do it. Without the supreme court, there is no one to check the Constitutionality of laws and decide the fate of certain cases concerning said contradictory laws. "The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please" (Document H). Jefferson has other thoughts. Jefferson believes that giving the power of deciding whether or not a law can be passed to unelected officials, furthermore, officials appointed by those who make and enforce the laws of which need judging, is corrupt, unchecked, and unbalanced in that it allows both the judges and the lawmakers/enforcers who appoint the judges to mold the constitution into any shape in which they please. Considering all these points of view, I believe that Judicial Review is a flawed security system which currently works for the time being, but could easily lead to corruption.
The idea of having a branch which approves laws passed by congress based on their Constitutionality is a good check on the lawmaker's power. It is also good having people to interpret laws when situations arise and those laws become contradictory. But as of now, the branches are too connected and influenced by each other for good or for bad. Legislative and Executive branch members appointing judges to approve their laws is like a student grading his or her own test. If the student is honest, he or she will not cheat and grade the test fairly. Just as easily, the student could they skew the results in his or her favor. That being said, Judicial review can only help; because without it, if the other branches are going pass unconstitutional laws they will do so. With Judicial Review and a little bit of honesty, unconstitutional laws could be caught. Without honesty it would be like the supreme court wasn’t even there in the first place. In the end, Judicial Review could help, or it could make no difference; But still, it's better than
nothing.
One of the Judicial Branch’s many powers is the power of judicial review. Judicial review allows the Supreme Court to decide whether or not the other branches of governments’ actions are constitutional or not. This power is very important because it is usually the last hope of justice for many cases. This also allows the court to overturn lower courts’ rulings. Cases like Miranda v. Arizona gave Miranda justice for having his rules as a citizen violated. The court evalutes whether any law was broken then makes their ruling. Also, the Weeks v. United States case had to be reviewed by the court because unlawful searches and siezures were conducted by officers. One of the most famous cases involving judicial review was the Plessey v. Ferguson
The three branches of the federal government is the Legislative, Judicial, and the Executive branch. According to the federalist papers, the Legislative branch is the strongest branch since they enact laws, therefore, by cutting the legislative branch in half by creating a Senate and a House of representatives, it makes the separation of powers more of a level playing field. Furthermore, the Judicial branch is considered the weakest out of the three since it has "...no influence over either the sword or the purse... can take no active resolution whatever... neither FORCE nor WILL, but merely judgment; and must... depend upon the aid of the executive arm... for... judgments” (Hamilton, Federalist 78) This means that it has no monetary or military power and that it relies directly on the legislative and executive branches to follow their rulings which makes sure that the government does not have too much power individually. Therefore, since it is the weakest branch, the court has the power of judicial review, which is the ability to decide whether acts by the other branches are constitutional or not (Hamilton, Federalist 78). Furthermore, one should not be concerned about the use of excess of power since according to Hamilton these are good people who aren’t influenced by outside sources other than the constitution. The separation of these three branches creates a system of checks and balances in which each individual form of government is independent of one another and is able to ensure that each other do not step out of line (Hamilton, Federalist
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
Judicial Branches basic job is to determine if laws or acts are unconstitutional. Subsequently, the U.S. Judicial branch checks both the Executive and Legislative branch through checks and balances. The judicial branch has the ability to rule presidential actions unconstitutional and has its judges serve for life. The Judicial Branch can also declare and interpret laws written by the Legislative Branch, and signed by the Executive Branch, unconstitutional. One example of the Judicial Branch checking the Executive Branch was in Late 2014 when the Judicial Branch declared Obama’s immigration acts unconstitutional. This allows the Judicial Branch to check the Executive Branch by allowing laws passed by the Executive Branch to be unconstitutional and not be
The judiciary branch is the seen as the “least dangerous” branch; therefore, it will not be able to attack the way the other two branches can and it cannot defend itself against attacks. The judicial branch is only seen as one that can pass judgment on cases that are either constitutional or unconstitutional, but it cannot act on it; therefore, the reason they are seen as less dangerous and cannot compare to the power that the executive and legislative branch have. They have to hear appeals,
By giving the courts the power to overrule laws that are unconstitutional and allowing them to exercise Judicial Review, they are better equipped at protecting the civil liberties and human rights of society as a whole. Different political parties often have different interpretations of what laws should be in effect, but these laws do not always serve society as holistically as needed. In Federalist 78, Hamilton explains this by stating, “The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body” (The Federalist No. 78). While the Judicial branch of government may not be the most powerful, it is a very important component of our government that regulates the way that society functions and even how our needs are met. Without, we would be at risk of tyranny and societal destruction from government
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
The Constitution was the first stepping stone in the national sovereignty of the United States. It is the supreme law that has been valued and upheld since its ratification in 1787. It holds the rights and freedoms of all Americans and gives structure to the government. To uphold this structure, the judiciary branch was established, alongside the legislative and executive, by the Constitution. However, the judicial branch did not always have the power and influence it does today. Because of the 4th Chief Justice, John Marshall, the Supreme Court eventually gained the power and ability to become coequal to the legislative and executive branches. John Marshall’s establishment of Judicial Review in the Supreme Court and his strong federalists
The Judicial Branch consists of the United States Supreme Court and the lower federal courts. Their role is to hear cases that challenges the legislation or are in need of interpretation of that legislation. (Phaedra Trethan, 2013) (Federal Government, 2003) (Sparknotes, LLC, 2011) (Independence Hall Association, 2008-2012)
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
The Constitution of the United States was ratified in 1787 and it established the powers of the federal government. Its intended purpose was to protect individual rights and liberties. It constructed the three branches of government that we know today: Executive, legislative and judicial. These branches created a separation of powers, in addition to check and balances. Originally, the judicial branch did not have much power when the constitution was written. It was not until the case of Marbury v Madison in 1803 that it actually established the judicial review. The judicial review is what gave the federal courts a great deal of power to void acts of Congress that they deemed violates the Constitution. After this case, the Supreme Court Justices
In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review.
Marbury vs Madison Reflection A judicial review is one of the checks and balance in the separation of power that the Supreme Court use to review and declare whether the actions of the other branches of government are constitutional or not. It was a key element during the 1803 Supreme Court case Marbury vs Madison when Williams Marbury demanded that he is to be seated as Justice of Peace in the District of Columbia that he was promised, that James Madison denied him of. It was an important case as it was the first that used the judicial review that would allow the Supreme Court to exercise their right to use their power to check laws from the higher power and strike them down if they find that they are unconstitutional, thus making them equal branch to them.
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
One example is the Attorney General’s office was caught spying on reporters, threatening the freedom of the press. This does not necessarily mean that the judicial branch is not sufficiently separated from the executive and judicial branches, but due to the separation of powers, checks and balances can be applied in this situation. Because the judicial branch took actions that violate American citizens’ constitutional rights by threatening the freedom of the press, the executive and legislative branches have the power to prevent the judicial branch from taking such actions again. They have the power to protect the rights of the people, and to protect the abuse of power by one branch of