POL 250 Writing Assignment 1

POL 250 Writing Assignment 1 - I think the most significant...

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I think the most significant factor in trying to understand the American system of laws and courts is judicial review. This is a power given to the courts to keep the other two branches of government in check. It is designed to make sure all laws are constitutional and also followed applied constitutionally in the case of the executive branch. However, this power the courts have leads to other factors that allow this power to work properly, and it basically becomes a chain of powers that lets the judicial system work. This chain consists of the Supremacy Clause in the U.S. constitution, the separation of powers within the federal government, and federalism which separates the federal government from the state governments and helps create the dual court system in the United States. Judicial review is essential for the protection of rights afforded the average citizen in the Constitution. According to Dr. Paul M. Johnson in the department of Political Sciences at Auburn University, “The power of the federal courts to overturn or limit the enforcement of Federal or state laws or regulations that the judges determine have violated the Federal constitution. The term also covers the power of the Federal courts to overturn or limit the enforcement of state laws or regulations that the judges determine are in direct conflict with Federal laws or regulations regarding a specific subject matter where the Federal constitution gives primary jurisdiction to the
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Federal government.” This power is considered implicitly given in the constitution and was first granted to the courts with the ruling on the case of Marbury vs. Madison. This case concluded that part of a law was null and void because it conflicted with the Constitution.
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This note was uploaded on 04/18/2008 for the course POL 250 taught by Professor Goetz during the Spring '07 term at Hartford.

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POL 250 Writing Assignment 1 - I think the most significant...

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