This essay Juidical Review has a total of 2086 words and 11 pages.
In 1717, Bishop Hoadly told King George I, "Whoever hath an absolute authority to interpret written or spoken laws; it is he who is truly the lawgiver to all intents and purposes and not the person who wrote or spoke them (Pollack, 153)." Early sentiments similar these have blossomed in to a large scale debate over which branch of our government has the power to overturn laws that do not follow the foundations of our democratic system; the constitution. In this paper I will discuss the history of judicial review in respect to the U.S. Supreme Court, but more importantly, I will discuss the impact that judicial review has had on the Supreme Court and our system of government and the various arguments behind this power that the Supreme Court now possesses.
The first instance that the Supreme Court showed its power under the cloak of judicial review was in the legendary case of Marbury v. Madison. In the confusion of leaving office, President John Adams failed to have delivered four commissions which he had made before having to surrender his power to Thomas Jefferson. In fact, the responsibility of delivering the commissions was left in the hands of John Marshall, the former Secretary of State under Adams, who was now the chief justice of the Supreme Court. When Jefferson took office, he refused to have the commissions delivered, and the case was filed by Marbury and the three other marshals that failed to receive their commissions. As the Chief Justice, Marshall wrote the opinion of the court by answering three questions concerning the case; did Marbury have a right to the commission, did Marbury have a remedy to receive the commission, and was a writ of mandamus the proper remedy to receive the commission. Marshall answ!
ered yes to the first two
questions, but said that the Supreme Court could not give him the commission he was entitled to through a writ of mandamus. Through this decision, Marshall not only asserted the power of the court with judicial review, but avoided a potentially devastating confrontation with the presidency in the early years of our fledgling government. Marshall was able to establish the judiciary\'s role in our government with this decision by answering the question that if the courts do not have this power, who does.
The significance of the Marbury v. Madison decision is far reaching. Before the 1803 decision,
the court had never really been a factor in our government, so much that the 1802 session was terminated
by President Jefferson. The case established the Supreme Court\'s authority to review and strike down governmental actions that did not follow the Constitution. Marshall believed that although the framers of the Constitution did not explicitly write the power of judicial review into the constitution, it was what the framers intended. I will discuss this argument in greater detail later.
After the Marbury v. Madison decision, the Marshall court enjoyed a new found power, but rarely found occasion to use it since most of the cases that were heard were rather trivial private law disputes. However, the court was able to hand down a number of
important opinions interpreting various aspects of the Constitution. After Marshall\'s
death in 1835, Roger B. Taney ascended to the chief justiceship. Taney, unlike Marshall, was a Jacksonian Democrat, and a strong supporter of President Jackson and his view of state\'s rights. It was Taney who passed down the infamous 1857 decision in Dredd Scott v. Sandford, which displayed the court\'s belief that blacks had no real Constitutional status and that the court strongly supported state\'s rights. Furthermore, the Dredd Scott decision worsened conditions for nationalists, and inevitably pushed our nation closer to civil war.
After the war had ended, the court again found itself busy with a large caseload due to the many commercial and private disputes raised by the war. Chief justices Salmon Chase and Morrison Waite helped to reestablish Congressional power over the defeated South, but had little chance to use its power of judicial review during this time or repair.
The close of the war brought the Industrial Revolution and new found problems to our country and government. Two questions which found their way before the Supreme Court were whether or not Congress had the authority regulate commerce and
Topics Related to Juidical Review
Supreme Court of the United States, 6th United States Congress, Marbury v. Madison, Presidency of Thomas Jefferson, Judicial branch of the United States government, Marshall Court, John Marshall, Supreme court, United States Constitution, Warren Court, Burger Court, Supreme Court of Canada
Essays Related to Juidical Review
How George Carlin's Filthy Words Gave the Govern How George Carlin\'s Filthy Words Gave the Government the Power to Regulate What We Hear on the Radio The FCC v. Pacifica Foundation: GOVERNMENT REGULATIONS ON RADIO BROADCASTING In 1978 a radio station owned by Pacifica Foundation Broadcasting out of New York City was doing a program on contemporary attitudes toward the use of language. This broadcast occurred on a mid-afternoon weekday. Immediately before the broadcast the station announced a disclaimer telling listeners that the program wo
Government in India, TodayGovernment in India, Today India\'s present constitution went into effect on Jan. 26, 1950. At that time, the nation changed its status from a dominion to a federal republic, though it remained within the Commonwealth. A president, chosen by an Electoral College replaced the governor-general, appointed by the British Crown. The president is the official chief of state, but the office is largely ceremonial. In parliamentary government, the people in a country elect members of at least one house o
100 Years of History100 Years of History CURRENT EVENTS: 1945-1996 1945 On April 12 Harry S. Truman became President of the UnitedStates of America., In Washington, D.C. On August 6 at 9:15 a.m. US fighter planes dropped an Atomic Bomb on Hiroshima Japan. In Berlin, Germany on April 30, Adolf Hitler was found dead, Hitler committed suicide. 1946 On October 16 in Nurenburg, 9 Nazi war criminals were hanged for the crimes during WW II. On April 25 Big Four Ministers met in Paris to finalize a treaty with Germany, to
The Fall of Communism in RussiaThe Fall of Communism in Russia The Reasons for the fall of Socialism/Communism and the Troubles of Starting the New Democratic System in the Russian Federation Let\'s not talk about Communism. Communism was just an idea, just pie in the sky. Boris Yeltsin (b. 1931), Russian politician, president. Remark during a visit to the U.S. Quoted in: Independent (London, 13 Sept. 1989). The fall of the Communist regime in the Soviet Union was more than a political event. The powerful bond between econo
Sims 1 Sims 1 Ben Sims US History Mrs. Murphy 11 February 1999 Harry S. Truman Short and rather bird-like behind thick glasses, Harry S. Truman was not intimidating in looks. He spoke in a Midwestern farmer’s tone. But he was a shrewd politician, and established a reputation for speaking the truth. Truman was born on May 8, 1884 in Lamar, Missouri. He was the oldest of three children of John Anderson Truman and Martha Ellen (Young) Truman(Steins 41). His birthplace is just south of the area into which
First and Second ReconstructionsFirst and Second Reconstructions The First and Second Reconstructions held out the great promise of rectifying racial injustices in America. The First Reconstruction, emerging out of the chaos of the Civil War had as its goals equality for Blacks in voting, politics, and use of public facilities. The Second Reconstruction emerging out of the booming economy of the 1950\'s, had as its goals, integration, the end of Jim Crow and the more amorphous goal of making America a biracial democracy where,
The 1930’s: The Good Times and The Bad TimesThe 1930’s: The Good Times and The Bad Times The decade of the 1930’s can be characterized in two parts: The Great Depression, and the restoration of the American economy. America had been completely destroyed due to the Stock Market Crash of 1929. It was up to the government and people of the 1930’s to mend America’s wounds. One man stood up to this challenge, Franklin Delano Roosevelt. He promised to fix the American economy, provide jobs, and help the needy. During The Great Depression, the
Causes of The Great DepressionCauses of The Great Depression The Great Depression was the worst economic slump ever in U.S. history, and one which spread to virtually all of the industrialized world. The depression began in late 1929 and lasted for about a decade. Many factors played a role in bringing about the depression; however, the main cause for the Great Depression was the combination of the greatly unequal distribution of wealth throughout the 1920\'s, and the extensive stock market speculation that took place during
Andrew JacksonAndrew Jackson Born to Irish immigrants on March 15, 1767, Andrew Jackson was to become the first rags to riches President the country had ever seen. He grew up in South Carolina and fought in the Revolutionary War at only thirteen. His entire immediate family, parents and siblings, died as a cause of the war, whether it was being killed in battle or death from disease. He went on to serve two terms as the seventh President of the U.S., leaving behind a legacy of administrative policy and even
GERALD FORDGERALD FORD Before presidency In 1948, Ford was elected to congress to Democrats swept the Republicans out of office in almost every election in the country. He came to Washington dedicated to the idea that Americans must retain its positive of word leadership. He is office-house was Representative from Mass. John F. Kennedy. At the other side was the office of T. B. Martin of Kentucky. In 12/06/1973 Gerald R. Ford became Vice President. President Nixon had a White House celebration for Ford aft
Andrew Jackson Andrew Jackson Like any hall of fame, its inductees are the best in whatever they do, from baseball or football to something like being President. If you are a member of any hall of fame (including the one for the Presidents), it means that you have done something special or have a certain quality about yourself that makes you worthy to be in a hall of fame. My nominee for the Presidents hall of Fame is our seventh President of the UnitedStates, Andrew Jackson. I\'ll go over his presidency, fo
JapanJapan The occupation of Japan was, from start to finish, an American operation. General Douglans MacArthur, sole supreme commander of the Allied Power was in charge. The Americans had insufficient men to make a military government of Japan possible; so t hey decided to act through the existing Japanese gobernment. General Mac Arthur became, except in name, dictator of Japan. He imposed his will on Japan. Demilitarization was speedily carried out, demobilization of the former imperial forces was
The New DealThe New Deal During the 1930\'s, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the UnitedStates and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930\'s, shaking the foundations of Western capitalism. The New Deal des
Decline of the American Empire Decline of the American Empire In any era there are different protagonists, playing the same game on a similar board. Like a game of monopoly, there are nations competing to become the foremost leaders of their time. They amass great wealth, powerful armies, and political sway. When the influence and might of these countries transcends the confines of their boundaries, so that they become a presence throughout the world, they become empires. At times, it seems as though one of these empires win
The Watergate AffairThe Watergate Affair The Watergate affair was the most significant scandal in UnitedStates governmental history. Watergate is defined as a scandal involving abuse of power by public officials, violation of the public trust, and attempted obstruction of justice. The Watergate scandal is named after the building complex in Washington D.C., which was the site of the illegal activities that took place in 1972. In this essay I will explain what Watergate was, a few of the key players (many too numer
ADVERTISING: RIGHT OR WRONGADVERTISING: RIGHT OR WRONG The largest money-making industry in the UnitedStates today is advertising. During events such as the Super Bowl, companies pay large sums of money in return for thirty seconds of air time. Advertising is the act of promoting a product by informing the public of the products worth. Whether it be television, radio, or newspapers, companies must find a distinct name and phrase that one can associate with their product; nonetheless, people often take offense to these na
The U.S. - a Legitimate Democracy?The U.S. - a Legitimate Democracy? In any system which claims to be democratic, a question of its legitimacy remains. A truly democratic political system has certain characteristics which prove its legitimacy with their existence. One essential characteristic of a legitimate democracy is that it allows people to freely make choices without government intervention. Another necessary characteristic which legitimates government is that every vote must count equally: one vote for every person. For t
Race Relations in the U.S.Race Relations in the U.S. I\'ve discovered the real roots of America these past few days and decided that writing about it was better than killing an innocent victim to soothe the hostility I feel towards my heritage. I picked up a pen because it was safer than a gun. This was a valuable lesson I\'ve learned from my forefathers, who did both. Others in my country react on instinct and choose not to deliberate the issue as I have. If they are black, they are imprisoned or dead. As The People vs.
New York Times vs. U.S. (1971)New York Times vs. U.S. (1971) This case came at a time when America was at unrest. A controversial war had divided the country. Opinions and arguments about whether the US involvement in Vietnam was warranted occupied the minds of American citizens. The people were hungry for information regarding the war. The Pentagon Papers, somehow leaked to the New York Times and Washington Post, fulfilled this need of the people for information. The government\'s assumption of prior restraint seemed to be
The U.S. ConstitutionThe U.S. Constitution Article Five, clause two of the UnitedStates Constitution states, under the Authority of the UnitedStates, [the Constitution] shall be the supreme law of the land. As a result of the fact that the current activist government is pursuing inconsistent policies, many believe the Constitution has become irrelevant because no guiding principles seem to exist. Thomas Jefferson once said, The Constitution belongs to the living and not to the dead. Accordingly, it is often re
Term Limits in U.S. GovernmentTerm Limits in U.S. Government Mark P. Petracca\'s idea that government should be kept as near to the people as possible chiefly through frequent elections and rotation-in-office is quite common in early republican thought and generally agreed upon by the America\'s revolutionary thinkers. Although the debate over limiting legislative terms dates back to the beginnings of political science, it was not until the 1990\'s that the doctrine began to be taken seriously when voters started to approv
Freedom in the United StatesFreedom in the UnitedStates No other democratic society in the world permits personal freedoms to the degree of the UnitedStates of America. Within the last sixty years, American courts, especially the SupremeCourt, have developed a set of legal doctrines that thoroughly protect all forms of the freedom of expression. When it comes to evaluating the degree to which we take advantage of the opportunity to express our opinions, some members of society may be guilty of violating the bounds of th
Legality of Same-Sex MarriagesLegality of Same-Sex Marriages The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American fa
Abortion: Life or Death, Who chooses?Abortion: Life or Death, Who chooses? During the past quarter century, abortion has joined race and war as one of the most debatable subject of controversy in the UnitedStates. It discusses human interaction where ethics, emotions and law come together. Abortion poses a moral, social and medical dilemma that faces many individuals to create a emotional and violent atmosphere. There are many points of view toward abortion but the only two fine distinctions are pro-choice and pro-life. A pro-
Civics QuestionsCivics Questions 1. How is government authority in the UnitedStates limited? Give one example. The government can not interfere with those rights granted to the people through the Constitution or the Bill of Rights. The SupremeCourt is there to protect our individual rights and freedoms. 2.What is the difference between absolute rights and relative rights? No person has an absolute freedom of speach; they are not free to say whatever they like. We do have a relative freedom of speech though, w
The Dominican RepublicThe Dominican Republic The Dominican Republic is one of the many Spanish speaking countries in the world. The Dominican Republic, republic of the West Indies, compromising the eastern two-thirds of the island of Hispaniola. The word Dominican Republic in Spanish means Republica Dominicana. The capitol of the Dominican Republic is Santo Domingo. The population of the Dominican Republic is of mixed Spanish and black-African descent. The society is about sixty five percent urban. The population of
Juidical ReviewJuidical Review In 1717, Bishop Hoadly told King George I, Whoever hath an absolute authority to interpret written or spoken laws; it is he who is truly the lawgiver to all intents and purposes and not the person who wrote or spoke them (Pollack, 153). Early sentiments similar these have blossomed in to a large scale debate over which branch of our government has the power to overturn laws that do not follow the foundations of our democratic system; the constitution. In this paper I will discu
Katz V. The United StatesKatz V. The UnitedStates The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The SupremeCourt Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a person’s pr
Theodore RooseveltTheodore Roosevelt Outline Thesis: Theodore Roosevelt\'s political presence altered the course of the UnitedStates, transforming it into a superpower fully ready to handle the challenges of any opposition, and changed the role of the president and executive branch of US government, making it a force to be reckoned with. I. Introduction II. Before Roosevelt A. Post-Reconstructionist Views B. The Industrial Revolution C. The Gilded Age 1. Railroads 2. Robber Barons 3. Immigration 4. Standard Ques
Capital Punishment Capital Punishment There has been many controversies in the history of the UnitedStates, ranging from abortion to gun control, but capital punishment has been one of the most hotly contested issues in recent decades. Capital punishment is the legal infliction of the death penalty on persons convicted of a crime (Cox). It is not intended to inflict any physical pain or any torture; it is only another form of punishment. It is irrevocable because it removes those punished from society permanentl
The Supreme Court of the United StatesThe SupremeCourt of the UnitedStates The SupremeCourt of the UnitedStates is the highest court of the judic ial branch of the UnitedStates government. Many of the cases that make it to the supremecourt are based on rights set forth by the Bill of Rights. The Bil l of Rights is comprised of the first ten amendments to the UnitedStates Consti tution, and is what this nation was founded upon. The first of these amendment s deals with freedoms given to the people, one of these freedoms being
WATERGATEWATERGATE President Ricmard M. Nixon is refereed to as one of the most controversial presidents in the history of the UnitedStates of America. He is synonymous with this title, because of his involvement in the great Watergate scandal. It all started with the election of 1972, Nixon\'s bid for a second term of presidency. In his attempt at re-election, Nixon took on a different strategy than any other re-election campaign of the past. Instead of using the usual Republican National Committee f
Violence and Pornography Violence and Pornography Pornography -- Sex or Subordination? In the late Seventies, America became shocked and outraged by the rape, mutilation, and murder of over a dozen young, beautiful girls. The man who committed these murders, Ted Bundy, was later apprehended and executed. During his detention in various penitentiaries, he was mentally probed and prodded by psychologist and psychoanalysts hoping to discover the root of his violent actions and sexual frustrations. Many theories arose in a
Judaism's Transformation to Modernization in RelatJudaism\'s Transformation to Modernization in Relation to America The Jewish way of life has been affected in a tremendous way by the people of the UnitedStates of America. By the time of the signing of the Declaration of Independence, there were only 2500 Jews in America. For forty years beginning in 1840, 250,000 Jews (primarily from Germany, Hungary, and Bohemia) entered this country. Anti-Semitism and economic woes in Eastern Europe went from bad to worse after the pogroms of 1881-1882. Alm
Affirmative ActionAffirmative Action “The state shall not discriminate, or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” The previous statement is the unedited text of the operative part of Proposition 209, the California Civil Rights Initiative (CCRI), that passed November fifth by a percentage of 54 to 46. Though the initiative does not actually mention affir
Affirmative ActionAffirmative Action Thesis: Although many people believe that affirmative Action is a form of racism, it is actually used to help minorities find employment in an otherwise racist world. “In the UnitedStates, equality is a recurring theme. It has flared into a fervent moral issue at crucial stages of American history: The revolutionary and Jacksonian Period, and the New Deal. In each era, the legitimacy of American society is challenged by some set of people unhappy with the degree of equality”
ImmigrantsImmigrants Should the UnitedStates take on more immigrants? Is the UnitedStates hurting from immigration problems? These issues have been debated on for generation. According to the Immigration and Naturalization Service, approximately 300,000 illegal immigrants enter the UnitedStates annually (Cozic 12). This large number of immigrants causes many different emotions. For some Americans, immigration is an adversity. Many Americans past and present have reacted to immigrants with fear: fear