Judicial Review Pros And Cons

589 Words2 Pages

Judicial review is the power of the courts to declare acts of Congress to be in conflict with the Constitution. Judicial review is often seen as controversial and has contending views. Additionally, many people believe the founders would not approve use of the judicial review based on essays from 1788. In addition, many people respond to the Supreme Court’s use of the judicial review differently, such as the President views it differently than the average American citizen. And while judicial restraint and judicial activism appear to the same they are quite different from one another. Lastly, this all ties in with judicial review in understanding what exactly judicial review is. Firstly, judicial review is controversial because while the three branches of government are supposedly equal, the judicial review grants the Judicial Branch the most power. As a result, this lets the Judicial Branch tell the other branches no, this cannot be done. Another reason it is controversial is the fact that there are nine judges who determine what is Some people feel that the frequent use of judicial review can lead to commanding judiciary. Whereas with judicial activism people feel the Supreme Court should exercise the right of judicial review and is considered necessary. This all ties in together with how the Constitution is interpreted as stated earlier. In conclusion, judicial review is viewed as controversial and it also has contending views for various reasons. While the President, Congress, states, and Americans all have different reactions to the judicial review the Founders would not support the judicial review today. And in the end judicial review, activism, and restraint all tie in together to help one gain a better understanding of what exactly judicial review

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