Essay On Supreme Court's Ability To Dee Amendment

Improved Essays
Supreme Court’s Ability to Deem Laws Unconstitutional I, an American born and raised, fully support and and justify the Supreme Court’s power to overturn unconstitutional laws. I believe judicial review is vital to the protection of citizen’s natural and legal rights, and without the ability to overturn said unconstitutional laws our country could face utter corruption. For the sake of protecting our country’s citizens it is imperative that unconstitutional laws are not passed, thus preventing the jeopardization of our country’s freedom. America, known to all as the land of the free, home of the brave, but before all this was possible our liberties and freedoms were controlled by the British. Through many long hard years of war arose this glorious country, and with it came a government run for the people and by the people. This newly founded government took many precautious measures in order to protect the rights, once lost to British control. The founding fathers focused on protecting the natural and legal rights of all its citizens in the Constitution, specifically the Bill of Rights. With this new concept of …show more content…
Adding on to the system of checks and balances, judicial review deems that the Supreme Court has the ability to adjudicate federal laws and overturn them if deemed unconstitutional. With this great power and responsibility the courts are now officially “designed to be an intermediate body between the people and legislature”, serving as a barrier, it protects the rights of all citizens(Federalist No. 78, 1788 C). To the benefit of all Americans, judicial review now holds a steadfast blockade against all federal laws that violate and injure rights given to them by the constitution. Through the power of the Supreme Court, citizen’s rights can no longer be put in jeopardy by unconstitutional

Related Documents

  • Superior Essays

    The Constitution Act of 1982 transferred the authority to amend the Constitution from Great Britain to Canada. To date, Quebec’s constitutional concerns have not been addressed to a great enough extent, according to the government or the residence, to formally pass consent on the 1982 Constitution. This is largely due to the distinctiveness of the society of Quebec originating from the largely French speaking population, the resilient cultural identity, as well as history, political, and social traditions, that are more or less not shared with the rest of Canada The question in concern is whether or not Canada’s Constitution should recognize the francophone population in Quebec as a ‘nation’ with characteristics and needs palpably different from those of other provinces in the Canadian federation. The problem has been tackled on a number of occasions but has yet to be resolved.…

    • 1267 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    Voting Age Case Study

    • 1263 Words
    • 5 Pages

    “The Supreme Court held, with considerable disagreement, that the federal 18-year-old voting age requirement is valid for national elections, but not for State or local elections.” The Checks and Balances worked very well in this case. The Legislative branch made the law to where all voting age was 18-years-old in National, State, and local elections. The Executive branch enforced the law, and then the Judicial branch interpreted and checked the law and ended up sending it back. The Justices said that only the States, and not the Congress, have the authority to establish the qualification rules for voters in State and local elections.…

    • 1263 Words
    • 5 Pages
    Decent Essays
  • Improved Essays

    Judicial Tyranny Review

    • 893 Words
    • 4 Pages

    Federal and supreme courts have gradually acquired powers and radicalised the system of justice to suit their selfish gains. It is no longer liberal and people centered, but a threat to liberty of Americans, (Merril, T, 1985). It has grown powerful and has the audacity to perform its activities no matter how much unconstitutional they are. Its powers has become unrestricted because not even any arm of the government can hinder their functions. Right from its enactment, the judicial system became perverted to justice.…

    • 893 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    If the Supreme Court didn't have the power to overturn unconstitutional federal laws, then who would? Without the supreme court, the other two branches will be overpowering. The United States can’t have a workable system of the government without the judicial branch. The Judicial branch act as a tiebreaker for the legislative branch and executive branch. And those three are the reason to prevent the government from overpower.…

    • 612 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The United States Supreme Court gains its power from the United States Constitution. The Supreme Court has the power to review the actions from the executive and legislative branches and declare laws unconstitutionally; this power is known as Judicial Review. The Judicial Review also challenges the lawfulness decisions from public authorities. The goal was to accomplish new developments under the leadership of Chief justice, they believed that judges should find and apply an existing law, and not creating a new one. In 1803, Marbury v. Madison case was the first Supreme Court decision to strike down an act of Congress as unconstitutional.…

    • 228 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Since Marbury v. Madison, judicial review has expanded and grown into judicial superiority or supremacy. While judicial review gives the Supreme Court a right to interpret the Constitution, judicial supremacy grants them the exclusive power and forces the other branches to yield to the court’s interpretation of the Constitution. Simple judicial review has a rightful place in a constitutional democracy, but judicial supremacy absolutely does not. Larry Kramer from the New York Times…

    • 1183 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The True Extent of the Supreme Court’s Constitutional Influence Many Americans currently lack a basic fundamental understanding of the Supreme Court’s origins and workings. The Court is a virtually unacknowledged entity. Unlike the executive or legislative branches, most Americans are only exposed to the Court during a greatly publicized issue—such as affirmative action or doctor assisted suicide. The Supreme Court is entrusted with the Constitution’s preservation through the process of judicial review. This authority means many of the Court’s decisions have a great effect on the American people.…

    • 1734 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Supreme Court Influence

    • 829 Words
    • 4 Pages

    A flaw however is that the justices of the Supreme Court can be influenced by both stare decisis and judicial activism. This creates a form of bias when this happens, as it tends to affect how they respond to some cases. Judicial review empowers the Supreme Court through checks and balances easily. Checks and balances deal with regulating problems so the power does not go to one section and is instead spread out as evenly as possible. Judicial review is that the court has the right to declare laws unconstitutional.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    While judicial review is not noted in the Constitution, Madison had intended the U.S. Constitution to be evaluated by independent judges instead of through conflicting political bargaining. [3] Of course, the Supreme Court’s power of judicial review was not implemented until 1803 in connection with the case Marbury v. Madison. In Marbury v. Madison, John Marshall, the Chief Justice, pointed out that it was necessary for the Supreme Court to have the power to overturn unconstitutional legislation. [4] Ever since, the Supreme Court has used this power to review the laws to make sure they are constitutional. The judicial review process gives the Court the responsibility to ensure individual rights and maintain the Constitution as new issues arise in a complicated and changing society.…

    • 868 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to the textbook, there are two main ways in which one can be nominated as a Federal Judge. The first approach is termed, “Senatorial Courtesy” in which the president of the United states chooses an individual that he or she believes to be qualified to fill the position, however at this point the Senate has the position to “approve or reject” based on the same “qualification” the president used in order to nominate the individual. If the Senate decided to reject the president’s selection, “veto”, they then will use the process titled “blue slip”. With the blue slip the Senate will state their ideas and feelings towards those who are nominated, and if there is a negative comment, or if the blip-slip is not even processed, then the result…

    • 833 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Judicial Dbq Analysis

    • 807 Words
    • 4 Pages

    Although a majority of documents convey the impression, to be against the Supreme Court having the power to question the constitutionality of federal laws; but the amount of documents that agree, have more solid evidence in their argument. The Supreme Court should have the power to overturn unconstitutional federal laws. Federalist No. 78, the Marbury v. Madison decision, Article III of the Constitution and the Judiciary Act of 1789 are prime examples to prove that the judicial branch has the authority to do so. First of all, in Federalist No. 78, written by Alexander Hamilton in 1788; declares that, “[The] courts were designed to be an intermediate body between the people and the legislature...”(Doc D).…

    • 807 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Throughout the United States government 's history, one thing remains the same, the three branches of government are as important as each other in keeping the nation thriving. Each with their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is, when something is signed into law or actions are taken, the Supreme Court of the United States decides if it follows the rights and laws outlined in the US Constitution. According to…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The framers wrote the Constitution in such a way that it would “meet the changing needs of the nation” (Urofsky & Finkelman, 2008, p. 97) and to quote Bob Dylan, “The times they are a changing” (Division of Elections, 2012). However, the Constitution is failing to keep up with these changing times. This failure has put our judicial branch in a position to make decisions on issues that should be addressed through our constitution.…

    • 564 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Judicial review is the power of the Supreme Court to declare the acts of Congress or the actions of the executive or the state governments, which is null and void due to the power is not mentioned in the Constitution. The first case the Supreme Court declared and act of Congress is Marbury v. Madison in 1803 where the Court asserted its authority for judicial review to strike down a law as unconstitutional. As laid out in Articles I and II of the Constitution, the Supreme Court does not only rule the rights and liberties guaranteed in the various amendments to the constitution but also rules the powers of the Congress and the President. In 2012, the Supreme Court overturned the Arizona immigration law three provisions since they invaded the field of Congress authority to regulate immigration. Therefore, the court can protect and limit the powers of Congress, so as to maintain the balance between the powers of the federal government, as well as those of individual…

    • 1210 Words
    • 5 Pages
    Improved Essays