The case against Judicial Review Essay

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The Case Against Judicial Review


In order to make a case against judicial review it is first important to understand the origins. Born in 1803 out of the landmark United States Supreme Court decision of Marbury V. Madison, judicial review gives the court the power to invalidate any law repugnant (or in conflict with) to the constitution. Judicial review has for the courts, become a self made license to strike down legitimately made legislation by democratically elected representatives. It has been a tool to restrain laws that are in the bill stage by the threat that if the bill materializes into law then at its first challenge the court will strike it down.

In a democratically elected society it is important
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This is exemplified by an individual who has brought a case through the court or legal system. Now that its at the U.S. Supreme Court the person seeks to have the words “under God” removed from the pledge of allegiance (the success of this case is unlikely because of how the court has a conservative right wing majority). Another example of a group with their own agenda undermining democracy is the ACLU (American Civil Liberties Union). The ACLU is seeking to repeal the Bush administration’s highly touted Patriot Act. This is an example of a group that is making it their mission to skirt the proper channels of American democracy and use the judiciary to get sweeping policy change with or without the consent of the governed people.

Judicial review has become the tool of choice for all the public interest law firms. It is through judicial review they are able to get (properly enacted) laws struck down or thrown out. Judicial review goes from being a tool with the intent of protecting the constitution to manipulating the legitimately enacted laws.

In conclusion of the second argument against judicial review, it is inappropriate for individuals and groups to have the ability to make frivolous attacks on laws that are democratically enacted. Furthermore, it is inappropriate to “clog” the judiciary with requests such as removing “under God” from the pledge of allegiance when they should speak to their congressman or senator over the…