Judicial Review Paper

Judicial Review Paper - Judicial Review There is much...

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Judicial Review There is much controversy surrounding the concept of judicial review. The establishment of the concept came after groundbreaking case of McCulloch v. Maryland in 1819, ruled over by Head Judge John Marshall. The main idea of judicial review, as Marshall explains in the case ruling, is to determine a superior law from any two conflicting lesser laws. Controversy is the spine on which judicial review is supported. Focusing on the unrest of conflicting ideas concerning judicial review today, judicial review is constitutional, democratic, and quote desirable for the form of government the United States has today. Many people today argue incessantly over judicial review’s constitutionality. Understanding how judicial review is truly constitutional can be difficult because of the many angles that can be taken in analyzing judicial review. One way to see how judicial review is constitutional is to focus on the nature of the Constitution and on what it is that judges do. The constitution, at its basis, is a law. The constitution is the supreme law of the land for many reasons: it is stated supreme in the constitution, it is written down, requiring elected officials to take an oath by it, etc. Judges rule over laws that conflict each other and deduce which one is supreme or more constitutional. In cases that include disagreement between a law and the constitution, judges will rule in favor of the constitution, as it is their job to do so. One can see that judicial review is more over a natural right of the Judges. Although it is not clearly stated in the constitution, it is implied that this power belongs to the Supreme Court Judges because it is essentially their job.
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This note was uploaded on 03/12/2012 for the course ENGL 101 taught by Professor Smith during the Spring '10 term at Berry College.

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Judicial Review Paper - Judicial Review There is much...

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