The Importance of Judicial Review Essay -- American Government Constit

By creating a Constitution, it is assumed that the people argon going to agree to it as the law of the land. The Supreme Court is answerable for upholding the Constitution by interpreting the laws for the benefit of the people. The justices would be violating their oath if they were to shackle this obligation. If the Constitution were non the law of the land, why would it exist? This is the justification for discriminative review, or the right of the court to decl be legislative or executive director unconstitutional. The Constitution states in article III, section 2 that, The discriminative reason shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. (Shafritz and Weinberg 16). Therefore, Judicial review is an implied motive that check up ons whether or non legislation is constitutional and is necessary for the protection of the Constitutional rights of the people. The judiciary is non a representation of a particular party as it is in the legislative and executive branches. Although justices belong to different parties and they may have views set(p) by their political beliefs, the role of a justice is to carefully fasten and interpret laws based on the Constitution. To do this, they must provide current reason to defend their decisions and therefore, discriminative review is beneficial for a palmy nation. As a result of Marbury v. Madison, the Supreme Court found that it did non have jurisdiction over the case and therefore could not issuing a writ of mandamus. This is the first instance of judicial review by the Supreme Court. Regarding judicial review, Chief Justice John Marshall wrote in his opinion that, It is empha... ...es his point by saying that it does not specify the end of those occasions. Personally, I believe that judicial review is a necessity in order to preserve the constitution. Thus, I disagree with G ibsons opinion. Although I say the content of his words and why he believes them, but I hark back a very specific major power such as judicial review is necessary to check the other branches. The judiciary cannot abuse the power but the legislative and executive branches can create laws that are ignominious to the powers given to them by the constitution. This is why judicial review is a necessity. whole shebang CitedEpstein, lee side, and Walker, Thomas. Constitutional Law for a Changing America Institutional Powers and Constraints. Washington, D.C. CQ, 2007Shafritz, Jay M., and downwind S. Weinberg. Classics in American Government. Belmont, CA Thomson/Wadsworth, 2006. The Importance of Judicial Review see -- American Government ConstitBy creating a Constitution, it is assumed that the people are going to agree to it as the law of the land. The Supreme Court is accountable for upholding the Constitution by interpreting the laws for the benefit of the peop le. The justices would be violating their oath if they were to attach this obligation. If the Constitution were not the law of the land, why would it exist? This is the justification for judicial review, or the right of the court to declare legislative or executive unconstitutional. The Constitution states in article III, section 2 that, The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. (Shafritz and Weinberg 16). Therefore, Judicial review is an implied power that determines whether or not legislation is constitutional and is necessary for the protection of the Constitutional rights of the people. The judiciary is not a representation of a particular party as it is in the legislative and executive branches. Although justices belong to different parties and they may have views resolved by their political beliefs, the role of a justice is to carefully determine and interpret laws based on the Constitution. To do this, they must provide true(a) reason to defend their decisions and therefore, judicial review is beneficial for a thriving nation. As a result of Marbury v. Madison, the Supreme Court found that it did not have jurisdiction over the case and therefore could not regaining a writ of mandamus. This is the first instance of judicial review by the Supreme Court. Regarding judicial review, Chief Justice John Marshall wrote in his opinion that, It is empha... ...es his point by saying that it does not specify the effect of those powers. Personally, I believe that judicial review is a necessity in order to preserve the constitution. Thus, I disagree with Gibsons opinion. Although I realize the content of his words and why he believes them, but I mean a very specific power such as judicial review is necessary to check the other branches. The judiciary cannot abuse the power but the legislative and executive b ranches can create laws that are disgraceful to the powers given to them by the constitution. This is why judicial review is a necessity. whole kit CitedEpstein, Lee, and Walker, Thomas. Constitutional Law for a Changing America Institutional Powers and Constraints. Washington, D.C. CQ, 2007Shafritz, Jay M., and Lee S. Weinberg. Classics in American Government. Belmont, CA Thomson/Wadsworth, 2006.