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Judicial review debates

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Research the debate about the role of courts, and specifically the Supreme Court, in deciding debates about constitutionality of laws and regulations. What arguments are offered for and against the power of judicial review? Cite cases in which judicial review has been used both well and poorly. What guidelines can you discern in deciding how and when the Court should use its power of judicial review?

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Judicial review has always created debates of one type or another. Historical debates about judicial review have included, justices giving a fair review and moderate ruling of documents and then a more transitional review of documents with an activist judiciary, updating for changed ideals and times. Judicial review comes under scrutiny because many believe the people cannot judge impartially from their own experiences and beliefs.
The arguments on judicial review are based on the constitutional decisions made by judges. The justices can either use the strictest interpretation of the constitution or use the constitution as more of a guideline for decision making. In either case, a debate arises because of the choice being made. Some of the most important decisions have been on the limits of government and which branch of government has the most power. Other decisions have come at the expense of the government in favor of the population at large. Government does not control the people, the people control the government. Other major decisions that forged debates were based on due process of the law and its applications and questions concerning commerce and transportation.
All of this historical debate leads to modern debates. ...

Solution Summary

A discussion on the debate over judicial review using some historical information and current issues. References included.

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U.S. Court's power of judicial review

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


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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