The Importance of Judicial Review Essay -- American Government Constit

By creating a Constitution, it is assumed that the people are going to agree to it as the right of the land. The Supreme Court is responsible for upholding the Constitution by see the fairnesss for the benefit of the people. The justices would be violating their oath if they were to oblige this obligation. If the Constitution were not the law of the land, wherefore would it exist? This is the justification for discriminatory review, or the right of the coquet to declare legislative or decision maker unconstitutional. The Constitution states in hold III, section 2 that, The juridical 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, juridical review is an implied power that determines whether or not legislation is constitutional and is demand for the protection of the Constitutional rights of the people. T he judiciary is not a representation of a particular party as it is in the legislative and decision maker branches. Although justices go away to different parties and they may have views determined by their political beliefs, the authority of a justice is to carefully determine and interpret laws based on the Constitution. To do this, they must provide legitimate reason to defend their decisions and therefore, juridical review is beneficial for a successful nation. As a dissolving agent of Marbury v. Madison, the Supreme Court found that it did not have jurisdiction oer the case and therefore could not issue a writ of mandamus. This is the startle gear instance of legal review by the Supreme Court. Regarding judicial review, boss Justice John Marshall wrote in his opinion that, It is empha... ...es his point by saying that it does not specify the extent 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 understand the content of his words and why he believes them, but I think a very detail power such as judicial review is unavoidable to stop over the other branches. The judiciary cannot abuse the power but the legislative and executive branches can create laws that are abusive to the powers given to them by the constitution. This is why judicial review is a necessity. Works 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. The Importance of juridical Review Essay -- 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 responsible for upholding the Constitution by see the laws for the benefit of the people. The justice s would be violating their oath if they were to oblige 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 lawcourt to declare legislative or executive unconstitutional. The Constitution states in expression 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 lead to different parties and they may have views determined by their political beliefs, the aim of a justice is to caref ully determine and interpret laws based on the Constitution. To do this, they must provide legitimate reason to defend their decisions and therefore, judicial review is beneficial for a successful nation. As a direct of Marbury v. Madison, the Supreme Court found that it did not have jurisdiction over the case and therefore could not issue a writ of mandamus. This is the first instance of judicial review by the Supreme Court. Regarding judicial review, old-timer Justice John Marshall wrote in his opinion that, It is empha... ...es his point by saying that it does not specify the extent 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 understand the content of his words and why he believes them, but I think a very circumstantial power such as judicial review is necessary to grade the other branches. The judiciary cannot abuse the power but the legislative and execut ive branches can create laws that are abusive to the powers given to them by the constitution. This is why judicial review is a necessity. Works 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.