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    udicial review

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    It is often agreed that the chief weapon of a Court is the power of judicial review. In the United States Constitution there is no specific mention of such a power yet few would seriously contend that no such power exists.

    a) What are the sources of the U.S. Court's power of judicial review?

    b) How was judicial review explained and justified by those that devised the

    American Republic in the 1780â??s?

    c) How did the U.S. Supreme Court legitimate the use of judicial review?

    ie. how did its use gain acceptance of the people and the other branches of

    government?

    d) Many people look to the Courtâ??s exercise of judicial review to protect

    minority rights. Explain.

    e) Scholars and politicians still debate the limits of judicial review. What

    are the competing viewpoints?

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    Solution Preview

    It is often agreed that the chief â??weaponâ? of a Court is the power of judicial review. In the United States Constitution there is no specific mention of such a power yet few would seriously contend that no such power exists.

    a) What are the sources of the U.S. Courtâ??s power of judicial review?
    The first source of the US court power of judicial review is Article III of the constitution, which gives "judicial power to all cases arising under the Constitution, the laws of US, the treaties made or made under their authority". The second source of power of judicial review is derived from the case Marbury v. Madison (1803) in which it was ruled by the Supreme Court that it had the power of judicial review. Finally, Article VI asks federal and state officeholder to be bound by Oath of Affirmation, to support the constitution.

    b) How was judicial review explained and justified by those that devised the

    American Republic in the 1780â??s?
    Those that devised the American Republic in 1780 described the judicial review in different ways. John Adams enshrined the principle of rule of law in the Massachusetts constitution. The notion was that there was no body above the law. The law is the king. James Madison who wrote the Virginia plan had doubts and did not favor extending the jurisdiction of the Courts to cases arising under the Constitution. According to Alexander ...

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