Judicial Review Essay

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

The Judicial branch is the court system that interprets the laws in route to being passed. In the United States, the judicial branch of government incorporates the Supreme Court and the lower courts which are made up by members of Congress. Article 3 describes the Judicial Branch and how the Judicial system includes one supreme court. When there is a case that is really important and they cannot agree upon a single decision, then the case is passed on to the supreme court.

The judicial branch, or the judiciary, is basically the court system for the United States. Their main purpose is to make sure all laws passed are in accordance with the Constitution, and to resolve any disagreements. The decisions in the courtroom are either ruled constitutional or unconstitutional. They also have judicial review which is the ability to declare laws unconstitutional. The head of the judiciary is the Supreme Court. The Supreme Court is made up of nine judges, one of which is called the chief justice. The judges are appointed by the President and supported by the Senate if they are in agreement. These judges do not

The judicial branch of U.S. government is comprised of the court system; their task is to resolve legal issues and interpret the law.

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Chief Justice, John Marshall used Marbury v. Madison to rule that a federal law was unconstitutional. The cases of Martin v. Hunter’s Lessee, and Cohens v. Virginia resulted in a ruling that the Constitution was the final say, but only if the Court had the right to overturn state court decisions. In the case of Dartmouth College v. Woodward, the state’s government sought to appoint members to the college’s board of trustees, although the college opposed this. Dartmouth ended up being victorious in the Supreme Court. Another Supreme Court case that showed the strengthen of the federal government over the individual’s state governments was that of McCulloch v. Maryland. The Supreme Court ended up ruling that it was unconstitutional for individual states to tax the Bank of the United States. In the case of Gibbons v. Ogden, the Supreme Court demonstrated its power to regulate interstate

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

In a letter, Thomas Jefferson says, “When the legislative or executive junctionaries act unconstitutionally, they are responsible to the people in their elective capacity.” John Marshall created the precedent that makes Jefferson’s statement true. Marbury v. Madison is one of the most important cases he dealt with because John Marshall established Judicial Review. The case was centered around James Madison’s refusal to grant William Marbury a writ of mandamus as he was the new Justice of the Peace by President John Adams. Upon the refusal from Madison, Marbury went to the Supreme Court where John Marshall used judicial review ruling that what Congress had done was unconstitutional; however, that the Supreme Court could not issue the writ of mandamus. Chief Marshall directly asserted the role of the Supreme Court in his Marbury v. Madison court decision, “It is emphatically the province and duty of the judicial department to say what the law is.” Marshall asserted and justified the power of the Supreme Court in another case being Cohens v. Virginia. In the decision of this case Marshall stated that the Federal Supreme Court, “…is authorized to decide all cases of every description arising under the Constitution or laws of the United States.” The most important aspect of this case was that it gave the Supreme Court the power to review any state Supreme

Despite Jefferson’s wishes, the Supreme Court under Chief Justice John Marshall, a Federalist and Adams appointee, increased its power during his administration. In Marbury v. Madison (1803), the Marshall Court established the right of the Supreme Court to determine whether an act of Congress violates the Constitution—the power known as “judicial review.” The Marshall Court also soon established the right of the nation’s highest court to determine the constitutionality of state laws.

The Judicial branch is made up of the Supreme Court and other minor federal courts. The Supreme Court intents the law. Some powers they have are interpreting the Constitution, reviewing laws, and deciding cases involving states' rights. The Judicial branch can declare executive actions unconstitutional. The can also say that acts of congress are unconstitutional. In article three of the constitution it establishes the Supreme Court as the highest Judicial Power. People in the Judicial branch get chosen different than in the legislative and Executive branch, in those branches there chosen by the people. While in the Judicial branch members are appointed by the President and confirmed by the

The court had the power of judicial review. Some of the founders argued for judicial review in the Federalist Papers. Just before President Adams term expired in 1801, Congress passed a bill enabling the president to appoint 42 justices of the peace. William Marbury, one of those who did not receive his commision, filed suit in the Supreme Court. In 1803 ruling, John Marshall said that Marbury’s appointment was legal.

In Marbury v. Madison president Adams made Marbury a justice of the peace during his " midnight appointments." Marbury's commission was not delivered by the secretary of state, James Madison, so Marbury sued him. Chief Justice John Marshall said that since Marbury was entitled to the commission, the statue that allowed Marbury's remedy was unconstitutional, as it granted the Supreme Court powers beyond what the Constitution permitted. This decision paved the way for judicial review which gave courts the power to declare statutes unconstitutional . This allowed the court to overturn unconstitutional state

The judicial branch is headed by the Supreme Court. Some of the more famous cases that went before the Supreme Court of the United States (SCOTUS) would be Gibbons v. Ogden, 1824, where Gibbons had a federal permit to operate his steam ship in local waters and Ogden had the same permit, only it was state issued. Gibbons won the case when the SCOTUS stated

Constitution, and “appoints federal judges by advice and consent of the Senate” (SITE, p.). The judicial branch is comprised of the Federal, District, and Appeals Courts, which judge cases concerning federal law, but the Supreme Court decides if the law agrees with the U.S. Constitution. http://answers.yahoo.com/question/index?qid=20080521155230AAz04SP

Many of America’s democratic principles are drawn from the constitution like the checks and balances system. The supreme court’s power of judicial review was not mentioned in the constitution. It evolved following the Marbury Vs Madison case and was not granted by the constitution. The Supreme Court therefore does not have the authority to carry out judicial review and become a quasi-legislative branch because the constitution granted this power to Congress.