Judicial Review
Who decides whether an act of government oversteps the limits placed on it by the Constitution? Historically, the judges in the federal courts have made the decisions. The principle of judicial review was established early in the history of the nation. It means that federal courts have the power to review government acts and to nullify, or cancel, any that are unconstitutional, or violate a provision of the Constitution.
Who decides whether an act of government oversteps the limits placed on it by the Constitution? Historically, the judges in the federal courts have made the decisions. The principle of judicial review was established early in the history of the nation. It means that federal courts have the power to review government acts and to nullify, or cancel, any that are unconstitutional, or violate a provision of the Constitution.
How did our Founding Fathers decide to use Judicial Review as a Constitutional Principle?
Codes
Codes are written laws that endure the test of time and are applied fairly to all individuals. These codes were focused on keeping order , preventing conflict, and promoting family unity.
The Twelve Tables
These were codes of the law applied evenly to all citizens through out the citizens
Roman republic
The twelve tables were used in ancient roman empire. They were written codes of law that were applied evenly to all citizens thourghout the empire. Some examples of these evenly applied laws laws were:
1 a person should regarded innocent until proven guilty
2 an individual accused of a wrongdoing should have the fight to a trial before a judge .
if judicial Review means a court of law interprets the constitutionality of a law. it would be important that the laws being review are fair and just and thats what is really interpreted
Codes are written laws that endure the test of time and are applied fairly to all individuals. These codes were focused on keeping order , preventing conflict, and promoting family unity.
The Twelve Tables
These were codes of the law applied evenly to all citizens through out the citizens
Roman republic
The twelve tables were used in ancient roman empire. They were written codes of law that were applied evenly to all citizens thourghout the empire. Some examples of these evenly applied laws laws were:
1 a person should regarded innocent until proven guilty
2 an individual accused of a wrongdoing should have the fight to a trial before a judge .
if judicial Review means a court of law interprets the constitutionality of a law. it would be important that the laws being review are fair and just and thats what is really interpreted
The Judiciary Act of 1789
The first Congress passed the Judiciary Act of 1789, establishing the lower federal courts and specifying the details of federal court jurisdiction. Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid, or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution. This provision gave the Supreme Court the power to review state court decisions involving the constitutionality of both federal statutes and state statutes. The Judiciary Act thereby incorporated the concept of judicial review.
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Court decisions from 1788 to 1803 Between the ratification of the Constitution in 1788 and the decision in Marbury v. Madison in 1803, judicial review was employed in both the federal and state courts. A detailed analysis has identified thirty-one state or federal cases during this time in which statutes were struck down as unconstitutional, and seven additional cases in which statutes were upheld but at least one judge concluded the statute was unconstitutional.[33] The author of this analysis, Professor William Treanor, concluded: "The sheer number of these decisions not only belies the notion that the institution of judicial review was created by Chief Justice Marshall in Marbury, it also reflects widespread acceptance and application of the doctrine"
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Part 2: What are two examples of how this Constitutional Principle has been applied in U.S. History?
Prop 8
Prop 8, of and barred its enforcement. Officially titled as Proposition 8- Eliminates Right of Same-Sex Couples to marry.. This debate has been going on for a long time, and still to this day is being debated. On November 4, 2008 voters approved the measure and made same-sex marriage illegal in California. On Wednesday August 4, 2010, a federal judge ruled Proposition 8 as being unconstitutional under the U.S Constitution. To this day Same-sex marriage is now legal in California. Yet, it took a lot of debating in the courts to pass it.Proposition 8, before it was declared null and void by the federal courts, created a new amendment to the California Constitution which said, "only marriage between a man and a woman is valid or recognized in California." Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.
The campaign over Proposition 8 was fiercely contested. In the aftermath of the vote, an intense focus on Proposition 8 continued with protests around the country and litigation focusing on many aspects of the initiative and campaign finance. Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced it would consider these lawsuits. On May 6,2009, the California Supreme Court upheld the constitutionality of the amendment :D
The campaign over Proposition 8 was fiercely contested. In the aftermath of the vote, an intense focus on Proposition 8 continued with protests around the country and litigation focusing on many aspects of the initiative and campaign finance. Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced it would consider these lawsuits. On May 6,2009, the California Supreme Court upheld the constitutionality of the amendment :D
The Flag Burning Speech
The Court overturned an act of Congress that would have made it illegal to burn the flag as an act of protest. The Court compared this act with the First Amendment to the Constitution, which prohibits Congress from abridging freedom of speech, and held that the act was in conflict with the Amendment. Thus stating it is illegal to burn an American flag. Americans do may fell offended buy this. Many Americans respect the flag. It took many years of fighting for our freedom. So, they created the Flag Burning Speech.
The Flag Burning Speech
The Court overturned an act of Congress that would have made it illegal to burn the flag as an act of protest. The Court compared this act with the First Amendment to the Constitution, which prohibits Congress from abridging freedom of speech, and held that the act was in conflict with the Amendment. Thus stating it is illegal to burn an American flag. Americans do may fell offended buy this. Many Americans respect the flag. It took many years of fighting for our freedom. So, they created the Flag Burning Speech.
Flag Burning speech (Below)