Pros And Cons Of Judicial Review

2. Judicial review is the power of the judicial branch to decide that acts of the legislative and executive branches of government are unconstitutional. These acts will be declared impossible to enforce. With this concept, the Supreme Court is allowed to ensure the other branches of government follow the Constitution. Thus, checks and balances, which is a system used to prevent one branch of government from becoming too powerful, is maintained. Marbury v. Madison was the first case the Supreme Court applied judicial review to. In the last days of the John Adams’ presidency, Adams approved of several Supreme Court justices. The commissions of these justices were not delivered when President Thomas Jefferson took office. Jefferson sent James Madison, who was the Secretary of State at the time, not to
This was the first use of judicial review. It enabled the judicial branch to obtain more power within government. A court could then proclaim an act of Congress invalid if it does not follow the Constitution. This case is still significant today because it allows for the Constitution to be followed. This concept of judicial review involves consistency with the laws of the country. It is another way to prevent one branch of government from becoming corrupt that disregards the statutes of the Constitution. The Constitution acts as a foundation for society to follow and interpret in everyday activities. Without judicial review, the court system may not obtain the power it has today. Judicial review was used during the 2011 Arizona Free Enterprise Club v. Bennett. An Arizona finance law gives matching campaign funds from the state to candidates running for state office. These candidates accept financing through public means rather than private. The Arizona Free Enterprise Club argued that in order to avoid their candidates from receiving matching funds, they would have to restrict their spending, which is ultimately their freedom of