Judicial Review Definition

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America has evolved greatly throughout history. Many things have changed since the establishment of this country. Undoubtedly, with enough time, everything is bound to change .What we knew yesterday may not be the same today, or tomorrow. The founders of the United States Constitution, the supreme law of the U.S., understood the concept of change, and so they left room for it, by establishing features such as the elastic clause, and judicial review. With these features in play, the government has the ability to adapt to the changes of the United States. The elastic clause “stretches” the power of government, allowing it to pass any laws that seem necessary and proper, without the public’s input. This means that the constitution can bend to …show more content…
The judicial review is one of the most important powers of the court because it supports the constitution as the supreme law of the U.S. One example of judicial review was the court case known as Marbury VS. Madison. John Adams was not elected as president in 1800, so he hired his fellow federalists into government positions to carry out his beliefs. John Marshall was hired as Chief Justice of the Supreme Court, and William Marbury as Justice of the Peace. Jefferson, the elected president, said that the workers Adam’s hired, known as the “Midnight Judges” will not be employed. Marbury brought the case to court, and the case declared that Section 13 of the Judiciary Act of 1789 was unconstitutional because congress had attempted to extend the power of the Supreme Court exceeding that permitted by the constitution by trying to issue a writ of mandamus. This shows how a law was declared unconstitutional under the judicial review. Another example of judicial review is the Supreme Court case Roe VS. Wade. In Roe VS. Wade, Jane Roe, a pregnant woman, decided that she wanted to have an abortion, but the state law said she could not. She did not have enough money to travel out of the state of Texas to have an abortion, and decided to go to court because she believed it was her right to privacy to have an abortion in her state and in a safe medical environment. She filed the case against the District Attorney Of Dallas, Wade, and won the case due to the fact that the constitution’s first, fourth, ninth, and fourteenth amendment’s emphasized the protection of one’s privacy. This shows how the state law, which stated that abortion was not allowed, was ruled unconstitutional. Both of these examples show how the government can adapt to changes in the United States using judicial

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