Dbq Judicial Review

2. Explain how judicial review shaped the role of the federal courts. Judicial review is principle under the legislative and executive branch that are subject to review the judicial sayings. Federal Courts used judicial review, to override hundreds of laws that conflict with the United States Constitution. 3.

Sophie Byrne John Ward POLI 100 29 March 2023 Two Week Essay Assignment Week 10 & 11 In "The Core of the Case Against Judicial Review," published in the Yale Law Journal, Jeremy Waldron argues against the concept of judicial review, which is a concept allowing courts to strike down laws that are deemed unconstitutional. Waldron argues that this concept undermines democracy and should be replaced by a system of parliamentary sovereignty; where the legislative branch holds the power to determine the final outcome when interpreting the constitution.

To protect the rights that the judiciary must be given the power of judicial review to declare as null and void laws that it deems unconstitutional. People of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. Hamilton argues that both branches are inferior to the power of the people and that the judiciary's role is to ensure that the legislature remains a servant of the Constitution and the people who created it, not a master. Even though judicial review is not explicitly mentioned in the constitution.

What sets the judicial branch apart from the others is the inability to execute the laws and carry out their own decisions made in the high court. Just as it is the executives place to enforce the laws and the legislation to construct laws, it is the responsibility of the courts to determine if the Constitution has been

Lastly, the Judicial branch was given the power of Judicial Review under the Constitution. This gave the branch the power to rule the actions of the Legislative and Executive branches as unjust and unconstitutional. This helped to prevent one branch from abusing the power that they had. If any actions were deemed as unconstitutional, it would stop immediately and be revised until it was seen as constitutional and acceptable by the Judicial

This gives court the power to void any laws that they think violates the Constitution. In 1803, the Supreme Court case Marbury vs. Madison created the power for the judicial branch to interpret the Constitution and apply it to the actions of the executive and legislative branch. This is arguably one of the first major Supreme Court cases that helped emphasize the Supreme Court. Supreme Court Justice John Marshall gave the opinion of the court and wrote that, “the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument” (Marshall). Having judicial review has allowed the court to become a powerful force of change because it makes it possible for the judicial branch to have an influence on government actions that could potentially harm citizens.

They propose and carry out laws, command armed forces, appoint officials, negotiate treaties, and conduct foreign policies. The judicial branch consists of many federal courts and the Supreme Court. They interpret the constitution and laws, reviews lower court decisions, and resolve dispute between states. The three branches all have different jobs so that one branch is not able to take over the country and turn it into a tyranny. If one branch had the same jobs as another, most likely what would happen are the two branches that have the same powers or jobs would come together and form a tyranny.

The constitution of the United States defines the separation of powers between the three branches. The Legislative branch has the job to make laws, Executive is to carry out laws and the Judicial branch is to interpret laws. The Federalists paper also cites the evidence of the separation of powers between the 3 branches. The Legislative can over power the chief of the Executive branch by the choice of impeaching the president. The president can over power the Judicial branch by nominating judges.

This ability is a check and balance on the separation of powers. The courts with judicial review power is allowed to invalidate laws and decisions that may be incompatible with the higher authority or in this case a written constitution. Judicial review can be looked at two different ways separated by civil and common law they present different ideas on judicial review. Common law judges are capable of creating new legal principles and they can also reject invalid legal principles. In civil law the judges are those that will apply the law and they do not have the power to create nor destroy legal principles.

The United States has three branches of government, one of which is the Legislative Branch. In the Legislative branch consists The House of Representatives, and the Senate, together they form what’s known as Congress. Times change, so should American politicians! Many people assume the power in the government lies with the president---it lies with Congress. Congress holds the power to declare wars, write laws, impeach the president, levies taxes, and controls most of the government’s spending (Phillips, Todd).

In the United States, the powers of the legislative branch, judicial branch, and executive branch are divided between three separate institutions: Congress, made up of the House of Representatives and the Senate, the Supreme Court, made up of the nine justices of the Supreme Court, and the President of the Unites States, respectively. Each branch maintains an amount of power over the other two while also being subject to the other two. This three-branch system of government is the manifestation of the ingenuity of the Constitution and is a testament to the endurance of the nation. Congress, or the legislative branch, is responsible for introducing new laws and passing them through both chambers of representatives, the House and the Senate.

In document C there are the 3 branches of government and arrows pointing from one to the other telling us how each branch checks one another. Some of these are, the president can veto different laws if he does not like them, but Congress can override this veto and pass the law anyways if they have a majority vote to override it. The Courts can declare acts of either branch as unconstitutional. Congress can also impeach members of any other branch and can remove them from office. All of this means that whatever one branch does, it must go through the other two so no corrupt laws can be passed.

The Executive branch executes laws and is the president. The Judicial branch judges laws and is the Supreme Court. The Legislative branch creates laws and is the House of Representatives and Senate. James Madison said in Federalist Paper #47 Document B, “the accumulation of all powers...in the same hands...may be justly pronounced the very definition of tyranny.” This helps protect from tyranny because the Separation of Powers prevents all power from being in the same hands.

In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too

The executive branch can check the laws congress wants to pass and can veto them if he disagrees. The Legislative branch can check the executive by accepting the already vetoed law and can impeach or fire the president out of office. The Justice Branch can make sure peoples rights and liberties are being followed and check if the laws follow the constitution's rules. In the text, it says “To further limit government power the framers provided for separation of powers the constitution separates the government into three branches Congress of the legislative branch makes the laws. The executive branch headed by the president carries out laws.