The Importance of Judicial Review

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By creating a Constitution, it is assumed that the people are going to agree to it as the law of the land. The Supreme Court is responsible for upholding the Constitution by interpreting the laws for the benefit of the people. The justices would be violating their oath if they were to oblige this obligation. If the Constitution were not the law of the land, why would it exist? This is the justification for judicial review, or the right of the court to declare legislative or executive unconstitutional. The Constitution states in article III, section 2 that, “The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” (Shafritz and Weinberg 16). Therefore, Judicial review is an implied power that determines whether or not legislation is constitutional and is necessary for the protection of the Constitutional rights of the people.

The judiciary is not a representation of a particular party as it is in the legislative and executive branches. Although justices belong to different parties and they may have views determined by their political beliefs, the role of a justice is to carefully determine and interpret laws based on the Constitution. To do this, they must provide legitimate reason to defend their decisions and therefore, judicial review is beneficial for a successful nation.

As a result of Marbury v. Madison, the Supreme Court found that it did not have jurisdiction over the case and therefore could not issue a writ of mandamus. This is the first instance of judicial review by the Supreme Court. Regarding judicial review, Chief Justice John Marshall wrote in his opinion that, “It is empha...

... middle of paper ... his point by saying that it does not specify the extent of those powers.

Personally, I believe that judicial review is a necessity in order to preserve the constitution. Thus, I disagree with Gibson’s opinion. Although I understand the content of his words and why he believes them, but I think a very specific power such as judicial review is necessary to check the other branches. The judiciary cannot abuse the power but the legislative and executive branches can create laws that are abusive to the powers given to them by the constitution. This is why judicial review is a necessity.

Works Cited

Epstein, Lee, and Walker, Thomas. Constitutional Law for a Changing America: Institutional

Powers and Constraints. Washington, D.C.: CQ, 2007

Shafritz, Jay M., and Lee S. Weinberg. Classics in American Government. Belmont, CA:

Thomson/Wadsworth, 2006.
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