Judicial discretion

The Supreme Court, under Article 3 of the constitution, only had original jurisdiction over certain cases. It was after the prominent Marbury vs Madison case that they gave themselves the power of Judicial Review (Judicial Process, Page 415). Judicial Review is the power granted by the Supreme Court itself to review and overturn any acts of Congress, and to declare laws unconstitutional. This gives the Supreme Court a certain degree of power over states and Congress and also gives them the…

The second case was over religious businesses being forced to provide birth control to all employees. The Supreme Court voted down this specific mandate as it violated the freedom of religion. You may want to expand here? The third and most recent Obamacare case was in regards to the federal subsidies( money) being awarded to individuals from the federal government, even though the law specifically states that these subsidies should be, “Established by the State”. This case held an interesting…

Judges Leslie Tiller and Simon Skinner serve on the U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit, respectively. Each has an involved history with Minnesota’s governor, Joyce Cooper. In this paper, I will argue that the Fourteenth Amendment’s Due Process Clause bars Skinner, but not Tiller, from hearing two cases to which Cooper is a party: the Sierra Club case and the Cooper Corruption case. I address each of the two cases in parts I and…

the judges’ “oath or affirmation” to uphold the Constitution, as described in Article VI. Although Hamilton argues that the judiciary is in “continual jeopardy of being overpowered, awed, or influenced” by the other two branches of government, with judicial review the Supreme Court can decide if a treaty violates the provisions of existing law or…

the Judiciary Act of 1789 was completely unconstitutional, after it was found that it was not possible to force a President to elect a justice, thus passing the Judiciary Act of 1801 and setting up a precedent to be used countless more times called judicial review. Marshall was able to come to this conclusion after using the so called Supremacy Clause, which states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof [...] shall be the supreme law…

same, the three branches of government are as important as each other in keeping the nation thriving. Each with their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is,…

on a very important power early on in it’s life, this power was the power to declare laws unconstitutional or judicial review. This power allows the court to govern to a limited extent their word essentially becoming law. This may be seen as some as a bad thing, however in all reality it may be a necessity. The supreme court acts similar to a watchdog in many cases. The power of judicial review combined with the fact that it 's the highest court means that its decision is essentially law.…

Another example of the separation of power that is important would be the INS (Immigration and Naturalization Service) v Chadha. In this case the problem was whether a particular house could vote to override an executive decision in a way that it violates the separation of powers. In this case Chadha was from Kenya, he stayed here after his visa expired. Here an immigration judge determined that his deportation should be suspended since Chadha met the requirements to stay in the U.S. It was…

reached by judges whose role it is to establish and interpret constitutional law. It is evident that constitutional law requires constitutional interpretation, this has now become the use of the US Supreme Court. One main example of the use of a judicial review is found in the Brown vs Topeka Board of Education case of 1954, where Supreme Court justice Earl Warren declared the segregation of schools caused inequality and therefore unconstitutional. This highlights not only the power of the US…

the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws unconstitutional, overrule themselves in previous decisions, and shape public policy. However, there is disagreement over this policy making power which is prominently demonstrated in the debate over judicial activism versus judicial restraint in court…