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Supreme Court Pros And Cons

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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 …show more content…

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

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However, there is a lot of truth within the articles. Essay 80 of the Federalist Paper introduces five principles of federal judiciary authority. This essay was written by Alexander Hamilton. The essay demonstrates the use of the constitution to it. This essay describes the different federal court cases on whether to have jurisdiction over.

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Marbury v. Madison was the first case in United States where the Judiciary ruled that an Act that had been passed by the congress was unconstitutional. In the final moments of President John Adams’ administration, William Marbury was appointed a justice of the Peace for the Columbia District. This act by Adams’ friendly Congress changed Supreme Court’s original jurisdiction. Despite this ruling, the Secretary of State James Madison refused to deliver Marbury’s commission. James Madison then teamed up with other three appointees to petition for a writ of Mandamus compelling to be granted the commissions and necessary paper work so as to become a Justice of The Peace, (Safell, 2001).

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Texas v. Johnson (1989) centers around the issue of whether burning the American flag should be considered expressive conduct that is protected by the First Amendment. Gregory Lee Johnson was convicted of the desecration of a venerated object when he burned a flag outside the 1984 Republican National Convention in protest of President Ronald Reagan's policies. There was a Texas statute in place which prohibited the intentional desecration of a venerated object, considered to be public monuments, places of worship or burial, and state or national flags.

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Although nobody was physically harmed, the flag burning offended many witnesses. As a result, “Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.” This reflects judicial restraint because the United States v. Eichman Court decision faithfully applied the precedent and honored the prior Court decision from the 1989 Texas v. Johnson case.

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The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

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John Marshall wrote, “the theory of every such government must be, that an act of the legislature repugnant to the constitution is void” (Findlaw.com, 2015). This was the first time the court nullified an act of Congress. Ultimately, the ruling by the Supreme Court brought into question the power of judicial review and their future involvement in regards to federal

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Gregory lee Johnson, was convicted of burning the American flag which violates the Texas Penal Code. Burning the American flag is unconstitutional to some and to others it is protected by the first amendment. This is a huge controversial argument between many american citizens. Some say that it doesn't have a big impact on the US, but really it has a bigger impact than I ever imagined. The Texas vs Johnson case had a big impact on the United States because it shows us how the 1st amendment guarantees us many different rites that we didn’t know about.

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In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

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Johnson Majority Opinion,” written by William J. Brannan. A court case is brought about due to the burning of an American flag while on protest. The government was looking at two sides in this court case. Texas and Johnson, had two different opinions on how this event should be handled. Texas’ idea on the burning of the flag is that it should not be accepted nor shall the people's ideas be accepted.

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Johnson went through a couple of courts before it hit the Supreme Court. It started at the Intermediate Court of Appeals after he was arrested and fined. Then it moved up to the Texas Court of Criminal Appeals because he filed for review. When it got to this point his conviction was removed and the information was ordered to be dismissed. The Judge of that Court found that his action was constitutional because it was a type of symbolic speech.

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“Dallas police arrested Gregory Lee Johnson for burning an American Flag outside the 1984 Republican National Convention.” Although the Supreme Court decided that burning the flag was legal, other citizens strongly disagreed with this. I believe that Johnson was only arrested because people protested for him to be arrested. In Texas v. Johnson Majority Opinion, Brennan states

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The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of

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Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

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English philosopher and founder of Utilitarianism, Jeremy Bentham described the fundamental axiom as the greatest happiness of the greatest number determining the measurement of right and wrong (Burns 46). Utilitarianism can be simply described as producing the greatest happiness or pleasure of the most while at the same time generating the most harm and unhappiness to the least. The utilitarian principles of ethics apply to businesses as well since they are a functioning aspect of society. In utilizing utilitarian principles of ethics, businesses must take caution not to put more emphasis on the happiness of the most (i.e. financial well being) at the cost of less focus on harm (i.e. negative health effects). It is possible, under utilitarianism,

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