The Supreme Court 's Use Of Judicial Review

1108 WordsNov 24, 20155 Pages
The Supreme Court’s Use of Judicial Review The tool of the Supreme Court of the United States known as judicial review is a device that judges the constitutionality of laws. Judicial review is also a method by which activist judges, special interest groups, and the other branches of government further their own goals. This paper contends that judicial review should be used with great caution by Supreme Court justices as well as its influencers, and perhaps be amended so that it can fully defend the constitutional rights and privileges of the citizens of the United States. Judicial review is the power of the Supreme Court and the federal judiciary to consider and overturn any congressional and state legislation or other official governmental action deemed inconsistent with the Constitution, Bill of Rights, or federal law (O’Brien 23). While the power of judicial review is not expressly written, it is implied in Article III of the United States Constitution. The somewhat obscure nature of judicial review creates copious amount of controversy that continues to exist in present day American politics. After the ratification of the United States Constitution two parties emerged, the Federalists and the Anti-Federalists. The federalist supported a strong national government and power of the federal courts to interpret the Constitution. The Anti-Federalists remained distrustful of national government and favored state run government and courts (O’Brien). This clash is a large
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