In this essay I will be talking about what is constitutional and unconstitutional. One of the questions is going to be if something is right in the eyes of the people is it also right in front of the Supreme Court? Judicial Review is also a topic we are going to look at. So sit back and enjoy my topics and hopefully we will see eye to eye just like the Supreme Court and the people try to do.
Judicial review is the power of the federal courts to hold any law or any official act based on the law to be null, void and unenforceable because it is in conflict with the Constitution. In the Supreme Court case of Marbury vs. Madison, it was one of the first times we had to use judicial review. When Thomas Jefferson defeated John Adams in the 1801
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He could give the command for Jefferson to give Marbury's appointee the commission and be done with it. But there was still the factor of Jefferson simply ignoring the order altogether. Marshall voiced that he couldn't do that because that would display weakness in his court. When he finally made his decision he stated that there shouldn't be a reason for Marbury to not get his judicial appointment, but that his court couldn’t give the order of the commission being delivered. The reasoning being that the last time the Federalist congress tried to do this it gave way to the new courts being unconstitutional. When he came up with the verdict it gave way to the idea of judicial review. When Chief Justice Marshall found a loophole to state that the Judiciary Act of 1780 was unconstitutional. In Article III of the Constitution I did not see any talk of judicial review. I saw mostly the judicial power of the government given to the Supreme Court and only to …show more content…
Johnson, Gregory Lee Johnson was attending the Republican National Convention of 1984. Some say that he was in a Communist activist group and was protesting by burning an American flag. He was instantly sent to jail and was given a fine for destroying items that should have been given the utmost respect for, i.e. the American flag. When his case reached the Supreme Court he said that the state of Texas revoked his rights of the first amendment, which is the protection of his rights of freedom of speech and expression. He believed that the law that was set in place to define what was a “respected” object wasn’t clear enough. The Supreme Court ruled that Johnson’s liberties were violated when Texas took him to jail, and that his actions were protected and legal by the Constitution. Even though most American’s probably thought that it was against the Constitution and against the government to burn a flag, he was expressing his rights even though it was very