Marbury V. Wade Case Analysis

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The power belonging to the judicial branch to hold Congress and other branches, accountable for unconstitutional acts is called judicial review. Coming about as a result of the Marbury v. Madison case of 1803, having been established by John Marshall, the policy still remains relevant today. Essentially, if a state were to make a law(s) that limited the rights of a certain group of people, such as in the Brown v. Board of Education case, the Supreme Court has the right to deem it unconstitutional and prohibits enforcing the law. In the Brown v. Board of Education case, segregation of schools was argued and fought, and in 1954 the Supreme Court based their ruling on the Fourteenth Amendment. Over many years after judicial review was established, …show more content…
Perhaps one of the largest controversies in American history concerning privacy rights, abortion is a sensitive subject. Gaining attention with the Roe v. Wade court decision, many Americans, especially woman, began to second-guess the law’s authority over their bodies. Not only that, the fact that the Bill of Rights does not clearly state the general right to privacy. This is where the issue in the Roe v. Wade case arose. The state of Texas argued their right to “regulate moral behavior,” while Norma McCorvey, under the pseudonym Jane Roe, argued that the Texas ban on abortions, with the exception that the mother’s life is at risk, was unconstitutional. Ultimately, the court ruling was monumental because the Supreme Court ruled that the law was indeed unconstitutional. Today, the issue is still debated, rather vehemently – ranging from extreme pro-life to extreme pro-abortion. Essentially, the debate between a woman’s right over her own body and the unborn child’s right to life is the key factor. Is the baby a human being yet, especially in the first-third trimester? Does the fetus have civil rights just as their mother does? These are some questions that the debate poses. In addition, some pro-life advocates argue that the process of abortion is not only dangerous in the long-term to the mother, both physically and mentally, but the actual process of killing the fetus is cruel and immoral. For example, if an eleven-year-old girl is raped by her step-father, should she be forced to go through nine-month pregnancy, or should she undergo an abortion that could possibly haunt her physically and mentally? Concerning the pro-choice view, which is more neutral in a sense, some people believe whether or not to undergo an abortion is completely the mother’s choice. Another Supreme Court case that aroused tension among advocates was in 1992; it was the Planned Parenthood v. Casey, where the court issued several regulations and consent freedoms such as: “parental

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