HOOK: Since the beginning of our country, 158 laws have been declared unconstitutional by the Supreme Court.
TRANSITION…………………………………………………………………………………………….
Our government has three branches of government, the Legislative, Executive, and Judicial. Because of the basis in which our country was founded, the political leaders of the past wanted to insure that none of these branches would retain too much control over the government. In order to do this, they created the system of checks and balances, which is the process in which different sections of the government screen each others political actions in order to protect our system of government and the rights of the citizens of the United States. In order to make sure laws are kept faithful …show more content…
to the Constitution, the Judicial branch declares laws that violate the Constitution unconstitutional.
BODY PARA. 1
TOPIC SENTENCE: When the judicial branch declares a law unconstitutional, they are contributing to the system of checks and balances. In this system, each branch of government “checks,” or insures that another certain branch is following the Constitution.
ACTUAL PARAGRAPH
In this case, the Judicial branch, or the Supreme Court, is checking the legislative branch. This part of the process of checks and balances was created simply to stop Congress from making laws that go against the Constitution. This is needed so that all the laws the legislation passes preserve and uphold the rights the Constitution guarantees the citizens of the United States of America.
BODY PARA. 2
The process by which a law is declared unconstitutional mainly depends on the Supreme Court Justices.
In the United States, the current president nominates people to become Supreme court justices. Their can be between 5-10 Supreme Court Justices, but once one has been appointed, they are appointed for life, or until they retire or are impeached. So the president only actually chooses a supreme court justice when one needs to be replaced for these various reasons. Currently, there are nine Supreme Court Justices. There are two ways a law can come under scrutiny. One is when Congress passes a law, the Supreme Court looks over the law and decides if it violates the Constitution and the rights it gives the people. The other way is when the justices look at a law that has already been passed, but they have decided it might go against the Constitution. Either way, the Supreme Court Justices vote to decide if the law is unconstitutional, and a majority vote …show more content…
wins.
BODY PARA. 3
The judicial branch has declared many laws unconstitutional, but one example of that ruling comes from several acts from 1862-1874.
They say that the law requires racial separation in schools of the District of Columbia is a violation of due process. Another example in the same context is a law from 1938, which says that someone would no longer be presumed guilty because of a past conviction and the possession of a firearm because the original law was also a violation of due process. Finally, another law, passed in 1958, removed the exemptions on the ban from reproducing currency. This is because it was thought to violate the first amendment by putting exceptions on what the media could publish. Basically, all of these laws were repealed for the same reason, because they went against the basic principles of the Constitution. These are good examples of the government at work to make sure the peoples rights are
upheld.
CONCLUSION
Overall, this part of checks and balances has been very beneficial to the rights of the people of America. U.S. laws are declared unconstitutional by the Supreme Court Justices, who vote to determine if the Constitution is violated by a law. Basically, the Supreme Court decides if a law is unconstitutional by having the Supreme Court Justices vote on it, and this has worked numerous times in the history of America, especially as a way to change or even eliminate laws as times and ideas change. This entire process is an essential part of the system of checks and balances, and is part of what keeps America free.