Judicial Review Pros And Cons

Essay 3 Judicial review is part of the United States' method of checks and balances within our government. The Supreme Court has the power to analyzes acts of the Legislative (Congress) and Executive (Presidential) branches to make certain they do not become too powerful or revoke the Constitutional rights of American’s citizens. It was the ruling in the court case of Marbury v. Madison in 1803 by Chief Justice John Marshall that demarcated the principal used by the Justice review even still today. As Americans, we are govern by the laws of our country, state, and county for the harmonious right to pursue happiness in the land of the free and brave. Words or actions which ordinarily and in many places, would be within the freedom of speech
The Texas v. Johnson of 1989 is one of the cases in which the law of a state was challenged as being unconstitutional by preventing a symbolic speech expression, which is under the protection of the First Amendment. The U.S. Supreme Court is the highest court in America, its decisions set standards that all other courts then follow, and no lower court can ever overtake a Supreme Court decision. Article Ⅴ, of the Constitution bring balance to our governmental system.

“From the beginning, Americans have embraced and idolized the notion of fundamental higher-order, immutable law that is somehow superior to politics. It is a view that entails rights enshrined in a constitution and interpreted by judges, who extend their authority over ever larger domains” (Grant). Although the judicial review system is a part of the American governmental structure, judicial review is not an American invention, but a customary part of British common law that became part of the legal practice in the United States. In legislating the Judiciary Act of 1789, Congress obviously made provision for the exercise of the power, and in other disputable questions of constitutionality and of judicial review that were