9-22-- - 9-23-10 - Judicial Review: Judicial review allows...

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9-23-10 - Judicial Review: Judicial review allows the judicial branch to determine whether or not any law based by local, state, or federal governments are constitutional (mostly states and local) 1. Settle legal disputes Contracts Marriages 2. Try cases (criminal cases) Federalist 78- Lifetime tenure of judges (They can only be removed by cause). Hamilton defends the lifetime tenure of judges “Whoever attentively considers the different… “ The power of the purse is held by the legislature. The power of the sword is held by the executive. The court is weak because it has to rely on the cooperation of other people. Habit of respect for the court. Complete independence is important. Why should the judge prefer the constitution to the law? (something written over 200 years ago by white males, versus the laws that were enacted yesterday?) The constitution embodies the will of the people. It was proposed and ratified by the states, and in each case, there was a convention. The amendments have to be proposed by 2/3 of the states or 2/3 of both houses and has to be accepted by ¾ of the states. Due to the extensive measures used to change the constitution, we use laws instead of amendments because they are
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9-22-- - 9-23-10 - Judicial Review: Judicial review allows...

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