It was 1803 when Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue concerning rather another branch of government’s legislation is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/ use of judicial review? How does it affect modern day society? These are important questions to ask when one is trying to comprehend how a federal system operates, and advances with its society. In this paper, I will analyze three Supreme Court cases (Lemon v. Kurtzman, Engel v. Vitale, and Epperson v. Arkansas) in order to come to an informed point of view on judicial review.
Lemon v. Kurtzman was a reaction to Rhode Island’s and Pennsylvania’s statutes which aided private schools by providing money for teacher salaries, textbooks, and other educational materials. This outraged Lemon (and others). Lemon sued, under the premise that it violated the Establishment clause. Before it went to the Supreme Court, the separate cases were heard in federal court (Pennsylvania) and district court (Rhode Island). In the federal court, the statute was considered not to be in violation of the first amendment. While in the district court the judges found the statute to foster “excessive entanglement” (Lemon v. Kurtzman). Since this case was so controversial (dealt with the constitution and the infringement upon it) it was deemed worthy of the Supreme Court. In the Supreme Court the statutes were found to be unconstitutional, and violate the establishment clause. Yet, this was not the most important part of the case. From the case the Supreme Court was able to better define the...
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...Vitale, and Epperson v. Arkansas. Along with the point of view gained from reading each case I was able to define what judicial review was, along with how it positively affects the United States and its citizens.
ENGEL v. VITALE. The Oyez Project at IIT Chicago-Kent College of Law. 07 December 2013. .
EPPERSON v. ARKANSAS. The Oyez Project at IIT Chicago-Kent College of Law. 08 December 2013. .
LEMON v. KURTZMAN. The Oyez Project at IIT Chicago-Kent College of Law. 08 December 2013. .
“Marbury v. Madison establishes judicial review.” 2013. The History Channel website. Dec 9 2013, 7:57 http://www.history.com/this-day-in-history/marbury-v-madison-establishes-judicial-review.