Judicial Review : Civil Liberties And Rights Essay

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The judicial branch, from its creation in the United States has been that of a large debate. The problem with judicial branch that many argue is that the people of this country do not elect the Supreme Court of the United States. However, the President who the country votes into office appoints them to the Court. Judicial review has a long historical background, dating back to Hamilton’s argument in The Federalist Papers, all of which impacts how the Court uses judicial review today regarding civil liberties. In addition, judicial review has been applied in landmark Supreme Court cases such as Plessy v. Ferguson, Brown v. Board of Education, and Griswold v. Connecticut. The United States Supreme Court’s power in relation to the other branches has been continually questioned through time, however, the Court’s use of judicial review has expanded their power and proven beneficial to the protection of the public’s civil liberties and rights. First and foremost, the entire concept of judicial review is not written anywhere in the United States’ Constitution. The branch that has the power to define the context of the Constitution through Judicial Review is not explicitly stated within the Constitution. However, David O’Brien explains that the power of the Court claimed judicial review in the infamous Marbury v. Madison case, thus allowing the justices to define the meaning of various parts of the Constitution (O’Brien 37). Ultimately, it gave the Supreme Court the authority to…

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