Preview

Judicial Review Power In The US Constitution

Good Essays
Open Document
Open Document
195 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Review Power In The US Constitution
The omission of the judicial review power in the US constitution in the text has triggered a huge debate from the diverse fronts. It is imperative to comprehend that the United States constitution makers, despite not incorporating the judicial review power in text form in the US constitution; they actually implied the judicial review power in the constitution. This implies that this power is not direct but rather implied and ought to be practiced. The United States` Supremacy Clause contained in the constitution sensitively states that there exists a judicial review form. This clause states that the US constitution as well as the United States laws that will be passed in accordance thereof; together with all the treaties that shall be signed
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Americans with a Better Cause (Abc), a Nonprofit Organization, Files a Suit Against the U.S. Department of Justice (Doj), Claiming That a Certain Federal Statute the Doi Is Empowered to Enforce Conflicts, with the U.S.
    • 398 Words
    • 2 Pages

    Americans with a Better Cause (Abc), a Nonprofit Organization, Files a Suit Against the U.S. Department of Justice (Doj), Claiming That a Certain Federal Statute the Doi Is Empowered to Enforce Conflicts, with the U.S.

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary…

    • 398 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Alfonso Lopez Case Summary
    • 1589 Words
    • 7 Pages

    Alfonso Lopez Case Summary

    Perhaps one of the most seminal Supreme Court decisions was the case of United States v. Alfonso Lopez (1995). After nearly a half-century of decisions by the Court in favor of expanded federal power via the Constitution’s Interstate Commerce Clause, the Justices issued a ruling limiting the reach of Congress, signaling a seismic shift on the Court’s interpretation of the Clause. The Court’s decision also sent a strong statement to Congress regarding the legislative body’s jurisdiction over a bevy of activities with a nexus to interstate commerce — from gun control to environmental protection to education.…

    • 1589 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    CJA 484 Criminal Law Foundations Evaluation
    • 1424 Words
    • 4 Pages

    CJA 484 Criminal Law Foundations Evaluation

    With a great deal of debate the design of the United States along with the lay out by the founders of the country who took their roll in laying down the “rules” of the United States of America very seriously. The Articles of Confederation, the Bill of Rights, and the US Constitution lay the floor work of a layer of protection afforded to all United States Citizens. Each of the doctrines provides a step towards the written words that have granted many men and women protection from persecution as well as freedoms not received in other parts of the world. The last piece of the three historical documents, the US Constitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems.…

    • 1424 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Good Essays

    The US Constitution: Similarities Between Russia And The United States
    • 1088 Words
    • 5 Pages

    The US Constitution: Similarities Between Russia And The United States

    However, the two constitutions define the supremacy spheres differently. In the US constitution, the federal supremacy is well defined in “Article 1 Section 8”. This section gives the jurisdictional authority to the Congress. Several other articles and sections provide the federal government the prominent authority over the international trade, interstate, national defence, and universal or international relations. It also provides the federal courts to have the power to settle down disputes between states and foreign governments.…

    • 1088 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    The Pros and Cons of Article V of the United States Constitution
    • 589 Words
    • 3 Pages

    The Pros and Cons of Article V of the United States Constitution

    One pro of this Article is the fact that the executive branch, or the President, does not have an official role in the amendment process. He cannot veto a proposed amendment. This limitation to power, an example of the system of ‘check and balances’ so central to the philosophy of the Constitution, prevents the President from engaging in self-serving ratification.…

    • 589 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Compare And Contrast Texas And Us Constitution
    • 370 Words
    • 2 Pages

    Compare And Contrast Texas And Us Constitution

    The United states constitution is meant to serve as guide lane for all states for all states where the document is meant only to provide a basic structure to the government, and all decisions on meaning are to be interpreted by the Judiciary branch. As said by "J. Harvie Wilkinson III" "Americans…

    • 370 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Nfib vs. Sebelius
    • 888 Words
    • 4 Pages

    Nfib vs. Sebelius

    When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of government. As Hamilton pointed out in Federalist 78, the judicial branch “will always be the least dangerous to the political rights of the Constitution” because it “has no influence over the either the sword or the purse, no direction of either the strength or the wealth of society, and can take no action whatsoever.” He says the Court does not have “FORCE nor WILL, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments” (Fed. 78). The Court has the authority to say whether a law is constitutional, and Marshall gives himself that final authority without addressing enforcement, because the power to enforce belongs to the executive. The Court simply writes the opinion.…

    • 888 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Explain Should The Supreme Court's Power Of Judicial Review Be Strictly By A Constitutional Amendment
    • 289 Words
    • 2 Pages

    Explain Should The Supreme Court's Power Of Judicial Review Be Strictly By A Constitutional Amendment

    Should the Supreme Court’s power of judicial review be strictly limited by a constitutional amendment?…

    • 289 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Marbury v. Madison
    • 1386 Words
    • 5 Pages

    Marbury v. Madison

    In a the year of 1803 a watershed case, Marbury v. Madison, John Marshal Chief Justice's opinion founded the Supreme Court's power to declare acts of United States Congress, and by significance acts of the president, unconstitutional if they surpassed the authorities allowed by the Establishment or Constitution. But most significant thing was that the Court became the judge of the Constitution, the final authority on what the document meant. Intrinsically, the Supreme Court became as a matter of fact also as in theory an equal partner in authorities, and it has acted that role always later on (Erskine P.88-109).…

    • 1386 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Pros and Cons of Judicial Review
    • 1033 Words
    • 5 Pages

    Pros and Cons of Judicial Review

    views as to whether or not Judicial review, and the Supreme Court as a whole,…

    • 1033 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Supreme Court Case Analysis
    • 1622 Words
    • 7 Pages

    Supreme Court Case Analysis

    Chief Justice John Marshall was put in an interesting situation, as he was now responsible for overseeing Marbury’s petition to the court regarding those same commissions. Chief Justice Marshall decided that Marbury did have the right to the writ for which he had petitioned and that the laws of the United States allowed the courts to grant Marbury this writ. Marshall however ordered that the writ could not be granted because Section 13 of the Judiciary Act of 1789 which granted the court the power to order such a writ was unconstitutional. Chief Justice Marshall exhibited how Congress had overstepped its authority in Section 13 of the Judiciary Act of 1789, and used the opportunity to declare the Supreme Court’s responsibility to uphold the constitution.…

    • 1622 Words
    • 7 Pages
    Good Essays
    Read More
  • Good Essays

    The Supremacy Clause Analysis
    • 126 Words
    • 1 Page

    The Supremacy Clause Analysis

    Most commonly refereed to as the Supremacy clause, Article VI Section II of the constitution established that three specific areas of legislation will take president over any other. The Constitution, Federal Statues, and Treaties are all specifically defined as the “Supreme Law of the Land.” This can be interpreted in a way such that the supremacy clause grants the laws made by the federal government priority over any state acts in the face of a conflict with the national law. In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that “[e]very state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted…

    • 126 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    United States Constitution and Supreme Court
    • 412 Words
    • 2 Pages

    United States Constitution and Supreme Court

    * Identify six key characteristics of the U.S. Constitution. 1. Constitutions are a higher form of law that speak with a political authority that no ordinary law or other government action can ever match.…

    • 412 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    11th Amendment
    • 844 Words
    • 3 Pages

    11th Amendment

    The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.…

    • 844 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Essay On Judicial Activism
    • 586 Words
    • 3 Pages

    Essay On Judicial Activism

    The United States Constitution is the supreme law if the land, produced by our founding fathers more than 200 years ago. However, since the era of Presidents Washington and Jefferson is gone, many things have lost it is original intent, specifically the subject of the judicial review system, better known as judicial activism.…

    • 586 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics