Power Of Judicial Review: Miranda V. Arizona

One of the Judicial Branch’s many powers is the power of judicial review. Judicial review allows the Supreme Court to decide whether or not the other branches of governments’ actions are constitutional or not. This power is very important because it is usually the last hope of justice for many cases. This also allows the court to overturn lower courts’ rulings. Cases like Miranda v. Arizona gave Miranda justice for having his rules as a citizen violated. The court evalutes whether any law was broken then makes their ruling. Also, the Weeks v. United States case had to be reviewed by the court because unlawful searches and siezures were conducted by officers. One of the most famous cases involving judicial review was the Plessey v. Ferguson

This case was brought to the Supreme Court with Plessey’s argument being that his 13th and 14th Amendments was being violated. But Louisiana argued that the 14th Amendment states that everyone is to be treated equally and that is exactly what happened. They said that the cars were separate but equal and that abided by the Constitution while keeping the Jim Crow laws. The Supreme Court decided that no law was violated and took the state’s side. The Court upheld Plessey’s conviction, and ruled that the 14th Amendment guarantees the right to “equal facilities,” not the “same facilities.” In this ruling, the Supreme Court created the principle of “separate but equal,”(“Judicial Review”,

The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people