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What Are The Pros And Cons Of Judicial Review

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Judicial review is the power of the judicial branch to declare actions of the legislative branch (congress) or executive branch (president) unconstitutional - not following the rules set in the US Constitution. If the action is considered, the rule or law is done away with. Judicial review not only protects the citizens of the United States, but it also protects the government from abusing its powers. Without judicial review, congress and the president could pass any law they wanted without following the US Constitution - the rule book. The powers of the legislative branch and/or the executive branch would not be limited; therefore, it would be easier for the executive branch and legislative branch to abuse their powers. With the safeguard
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This keeps the legislative and judicial branches of government under checks because it allows the president to stop anything unjust from happening; they can also choose who not to nominate as a judge if that nominee doesn't fit the executive branch's

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The judicial review strengthens the constitutional principle of checks and balances. In the 1789 judiciary act and Judiciary act of 1801 had the right to allow the writs of mandamus. Meaning that they court should have power and including the fact that they are forced to do something. John Marshall weakened the power of the supreme court by getting rid of the power. However he did improve the branch by creating the judicial review.

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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.

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While writing the constitution congress separated government into legislative, executive, and judicial branches in federal and state governments. According to Article 1 the legislative branch would create laws, the executive branch would enforce the laws, and the judicial branch would interpret laws. The goal of this was to ensure that the government of America did not have too much control over the people which is what Great Britain did to them in the revolutionary war. Including a system of checks and balances would ensure this to the people of America. In Federalist Paper #47 James Madison talks about how too much power would be bad.

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The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

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The Judicial Branch is the judge of any laws that the President or Congress passes, they decide if the law goes along with the Constitution. Without this system our government would fall into a complete disaster and most likely become a dictatorship. Given these points, it is obvious that the power in our government needs to be

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So to speak, it would balance out the powers between Small States and Large States. (A)Federalism, (B)Separation of Powers, (C)Checks and Balances, and (D)Small States-Large States are all the ways the framers of the constitution guarded against tyranny. Separation of Powers is one of the most important framers of the constitution because it helped separate all the branches to lead to liberty for our

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This separation of powers helps to prevent abuse of power. Followed by separation of power, it is necessary for each branch to be able to limit each other so that no one part becomes too powerful. Checks and balances is also an important factor, it lets each branch limit the power of others. Legislature checks the Executive in the ability to impeach presidents and pass laws, “If after such Reconsideration two thirds of that House…” (2: Source A). It checks the judicial by impeaching justices.

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Regulating the branches of government is crucial to the success of our country, so the constitution laid out the concept of “checks and balances”. For example, the president can veto any bill passed by legislature. In this case, the executive branch checks the legislative branch of government. If this wasn’t possible, congress could pass any bill they want, and ultimately become a powerhouse. These guidelines help keep the government intact, and in turn keep the constitution intact.

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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

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If the legislative branch would at any time overstep their limits, the judicial department would keep it in check. If the United States goes beyond its influences, if and try to make a law in which the Constitution does not authorize, it is invalid by definition and the judicial power, the Supreme Court Judges, who are in place to secure their impartiality, are to be made independent, will declare it to be void. “On the other hand, if the states go beyond their limits, if they make a law which

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With this power, the judiciary has the ability to "check" the actions of their fellow branches, the executive and legislative branches. Judicial review was interpreted from the judges' understanding of the Constitution. This power impacts American citizens profoundly. Now, the courts have the right to overturn laws when they are presented in court. For example, in the case

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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.

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The argument alone is sufficient to see that the courts having the power of judicial review could be disastrous. Knowing that this power gives leeway for an Oligarchy to form , I still believe that it gives power for the Judiciary to provide fair and just service to us as a

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What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?

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