What Was Chief Justice Marshall's Argument In Favor Of This Doctrine

Superior Essays
1. Define judicial review. Briefly explain who holds this power and how this power was established. What was Chief Justice Marshall’s argument in favor of this doctrine?
- Judicial review is the power that the judiciary has to review laws passed by the states, or government regulations that could possibly conflict with the US Constitution.

The Supreme Court has the original, and final right, to determine if any states’ law conflict with the Constitution. The Supreme Court also has the right to review governmental policies, and legislation.

This Supreme Court’s judicial review was set into precedent by the Marbury v. Madison case, in which controversy over a “writ of mandamus” cause the court to establish its right to review under Article
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When the government is divided, it can have drastic effects on its ability to operate. A recent example of this is the debt ceiling showdown in 2014. A divided Congress fought with the presidency on raising the artificial credit limit of the United States. The government effectively “ran out of money,” but was able to partially operate under alternative measures instituted by the US Treasury.

6. Explain the principles of separation of powers and checks and balances. Provide an example of each concept that illustrates how it provides for an accountable federal government.

-The separation of powers is the defined responsibilities of the legislative, executive, and judicial branches of government. Checks and balances refers to the power each branch has over another. Checks and balances are in place to ensure that no branch exerts its power in an unconstitutional manner. This keeps all branch of government accountable to another.

An example of the separation of powers is that in which only Congress has the power to declare war, while the President is the commander-in-chief of the military. Neither branch, in theory, can recklessly start a war, without both branches

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