Supreme Court Cases Essay

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It was 1803 when Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue concerning rather another branch of government’s legislation is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/ use of judicial review? How does it affect modern day society? These are important questions to ask when one is trying to comprehend how a federal system operates, and advances with its society. In this paper, I will analyze three Supreme Court cases (Lemon v. Kurtzman, Engel v. Vitale, and Epperson v. Arkansas) in order to come to an informed point of view on judicial …show more content…
The test requires that the legislation “must have a secular [nonreligious] purpose, its primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster excessive government entanglement with religion.”(Lemon v. Kurtzman). Since that ruling all laws are (supposed to be) upheld to these standards. This shows how the supreme court not only analysis/rules over cases; but they actively better define the constitution, through judicial review. In New York’s public (emphasis on public) district. Students were required to say a prayer, which was not aimed at any specific religion. The prayer went, “Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country" (Engel v. Vitale). This was approved by the state court. Parents had issues with this, and sued New York. In Engel v. Vitale the defense for the prayer not being in violation of the Establishment Clause was that it was not aimed at any specific religion. Another point brought to court was that the students voluntarily said the prayer. This was quickly denounced by Justice Black. He related the prayer to the Book of Common Prayer, which was in place at the time the Church of England ruled England. This was the main reason why colonist began coming to America. The framers wanted to prevent a religious ran government. Black also attacked the idea that the prayers were said voluntarily by students, who were simply

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