Judicial Review
Published by: Dr. Blanchard |
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Judicial Review is the power of the supreme court in the United States to compare and abolish the acts that congress and the executive branch make in accordance to the U.S. Constitution. This means that if an act from congress or the president doesnt align itself with the constitution, the Supreme Court has the power to abolish it. Unfortunately, there isnt really a power that can keep the supreme court in check. The only Branch that could possibly do somthing about an unconstitutuional idea from the supreme court. With there only being the executive branch to keep the supreme court in check, there is a slight neglection towards congress because there is only one branch to keep it in check. The idea of judicial review began in In article three in the constitution, it speaks a great deal about a judicial system. The constitution says that the judicial branch will have a say in all cases regarding the law and inequality. However, it does not say wether or not it can overtrun an act of congress. A few months ago, an act of congress was overturned because Congress made it illegal to burn flags in protest, which violates the first amendment. This is a perfect example of the powers that judicial review holds. Without Judicial Review, laws would take much longer to pass, or be overturned, and there would be only one thing keeping the executive branch in check. Which would eventually turn ito a dictatorship.
History of Judicial Review
published by: Wikepedia
Well before the Constitution Convention, the power of Judicial Review had still been exercised in many states. In 1776- 1787 seven out of the thirteen colonies had pacticed and used Judicial review for their laws and had even invalidated states because they violated the state's constitution. The state's constitution was left to interpretation by the judges in the area. Most of these judges argued that since the state's constitution was the main law of the land, that an act from the states constitution was more important and must be applied even if it conntradicts one of legislative law. All court cases that used Judicial Review back in the colonial days were reported and put in the newspaper for the public to see and discuss among one another. A minmum of seven of the delegates had a personal experience with judicial review because they had once been lawyers at some point in their lives. Two of these delegate were Alexander Hamilton and Edmond Randolph. Both of these delegates had once been lawyers or judges. Since the practice of judicial review was so popular in court cases, it had become familiar among the public and the framers of the country. When the Declaration of Independence doesn't directly address Judicial review, many judges had believed it to be unconstitutional and didn't like it because it limited their power and was just another rule to follow.
todays society
Judicial review is one of our great country's ways of keeping itself in check. Without it, there would be mass confusion, unjust punishments, and wars between the government. The founding fathers would roll over in their graves if we were to become the way we would without judicial review. Judicial review is just as important as any of the other acts. Each branch and act of government serves a purpose. People quite often forget this. If all acts and branches of government were abolished or recalled like they never existed, there would be no government, no rules, and most importantly, no peace. At some point every country collapses. It doesnt matter how seemingly foolproof it is. At some point, it will fall apart. Our is no different in this matter. However this Country is very young and is modeled after all of the long lasting and relatively peaceful countries. Like Rome and France. Rome lasted for hundreds of years until its fall between 600 B.C. and 700 B.C. This country is one of the best and will last for a long time. Every country has its flaws, ours is no different. For example, the american penny is worth one cent but costs 1.7 cents to make. 1.7 cent is a big improvment from back in 2011 when it costed 2.4 cents per penny. Despite all problems and positives to this country, it's still one of the best and will hopefully continue to be the best for many years to come.