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In the case of Marbury v. Madison, the Supreme Court flashcards
In the case of Marbury v. Madison, the Supreme Court flashcards
In the case of Marbury v. Madison, the Supreme Court flashcards
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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.
Works Cited
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.
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"United States v. Wong Kim Ark." LII / Legal Information Institute. Cornell University Law School, n.d. Web. 13 Feb. 2014. .
Marbury v. Madison is given credit for creating the concept of judicial review, even though historical evidence proves otherwise. Also, John Marshall, the former Chief Justice of the Supreme Court, was never really given credit for his contributions, even if they were not unprecedented. As for the book, “Marbury v. Madison and Judicial Review” by: Robert Lowry Clinton, I found this book unenjoyable since it is a topic I have little interest in. Also, the book was very hard to read, with the topics kind of scattered and not chronological.
When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.
"Schenck v. United States. Baer v. Same.." LII. Cornell University Law school, n.d. Web. 6 Jan. 2014. .
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
...Notre Dame Law Review 1989-1990." 65 Notre Dame Law Review 1989-1990. N.p., n.d. Web. 15 May 2014. .
SHELLEY v. KRAEMER. The Oyez Project at IIT Chicago-Kent College of Law. 23 March 2014. .
In 1787 Article three of the constitution created the Supreme Court, but not until 1789 was it configured. The way it was originally set up was with one Chief Justice and five associate judges, with all six members being appointed for life. This court serves as the “supreme law of the land”, it has the power to determine if state or federal laws are in conflict with how the Court interprets the constitution.
"Legal and Political Chronology of Civil Rights." African-American History Online. Facts On File, Inc. Web. 25 Nov. 2011.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
In 1803, the decision in Marbury v Madison held that the Supreme Court had the ability to practice the process of judicial review. With this ruling, the Court gave itself the power to deem legislation constitutional or unconstitutional. With this bolstered power, the Supreme Court made numerous landmark decisions throughout the 19th and during the first half of the 20th centuries. The Supreme Court’s power of judicial review played an integral role in shaping post-bellum racial laws and attitudes. In the cases of Plessey v. Ferguson and Brown v. The Board of Education the Supreme Court invoked judicial review to assess racial segregation policies as they related to the 14th Amendment. Both Plessey and Brown are landmark cases because they reflected the social climate of their respective time periods, because both cases had immediate impact upon civil rights law and everyday life in America, and because both cases affected basic interpretation of the Constitution.
Heart of Atlanta v. U.S. and Katzenbach v. McClung. 2003. The Supreme Court Historical Society. 22 April 2003.
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.