Preview

The Influence Of Judicial Review

Good Essays
Open Document
Open Document
465 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Influence Of Judicial Review
Judicial review is the process in which the judicial branch of the government, the supreme court, reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed by congress and approved by the executive would stand, regardless of if it violated the rights of the citizens. The Supreme Court is also important because it is significantly less affected by party politics than the other two branches. It remains uninfluenced by politics by having lifetime terms for judges, who consequently serve through multiple administrations. These lifelong terms allow the judges to determine laws without the worry of re-election, something the other two branches are often forced to account for; and commonly allow to affect their policies. While the Supreme Court is influenced by certain factors, such as precedent and ideology, it is the least influenced of all the branches.
The conclusions that the Supreme Court comes to while reviewing legislation have long lasting, and rippling
…show more content…
In the previous example, the more liberal precedent of upholding random student drug tests was upheld, despite the Rehnquist court being conservative. However, this is not always the case. The courts ideology has an influence in its rulings, in that conservative courts tend to make rulings with a more literal interpretation of the constitution, while liberal courts tend to rule in a more progressive manor. While the court is influenced by factors such as the public, precedent, and the ideology of the court, it remains the least influenced branch of

You May Also Find These Documents Helpful

  • Better Essays

    Firstly, a major principal characteristic of the Roberts Court is over turning congressional and state legislation in order to achieve conservative goals. The Roberts court is finding laws unconstitutional and reversing precedent, two measures of activism. But the ideological direction of the court’s activism has undergone a marked change toward conservative results. The Roberts Court issued conservative decisions 58% of the time in its first 5 years throughout all cases. The Burger and Rehnquist courts issued conservative decisions 55% and the lowest from the Warren courts, which issued conservative decisions only 34% of the time. The incline in conservative decisions gives evidence that there is a growing number of people who favour this strict and traditional form of court rulings and decision making as opposed to Roberts immediate predecessors who display a more modern and loose approach to the US political system…

    • 968 Words
    • 3 Pages
    Better Essays
  • Good Essays

    King V Burwell Case Study

    • 434 Words
    • 2 Pages

    The Supreme Courts rulings have an effect on the fabric of society as well as have an influence in public policy initiatives. Under Congress, federal judiciary is to prescribe to the rules with the obligations to recommend amendments and promote fairness in administration. Judges are not legislators but are rule of the law in proposing rules and recommend alternative proposals. As badly designed laws are being created, the Courts job is to construed the complexity rather than standing with a law that is flawed. Under this ruling, the majority failed to consider parts of the ACA that contradicts its statute, ignoring what the law states straight out. Scalia along with Clarence Thomas and Samuel Alito examined the statute being questioned and discredited the majority’s argument. Under their dissent, each exposed how in favor of the administration was playing politics when they pointed out how ACA can’t work if only states instead of federal were involved in tax subsidies. As a result of this ruling, the IRS is over taxing and spending billions more then what Congress intended or…

    • 434 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Judicial Independence Within a Political Process. Our judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter on disputes among states and between the states and the federal government. One important arbitration tool utilized by the judicial branch is judicial review. Judicial review is one of the U.S. Constitution’s most provocative features as it plays an important role in shaping the laws that impact our society. For this discussion, complete the following:…

    • 641 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Marbury Vs. Madison Case

    • 629 Words
    • 3 Pages

    . Judicial review is usually associated with the U.S Supreme Court and is processed by most state and federal courts of law in the United States. Judicial review also determines whether or not state statues and state executive acts are valid. Judicial review came to part in 1803 where the Marbury VS Madison case was going on it was the first time they ruled the congress unconstitutional. The exercise of judicial review is about the important rules of judicial self-restraint which also allows the burden of proof to be…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The United States Supreme Court is, for all intents and purposes, the final authority on legal matters regarding the federal or state governments. Additionally, the Supreme Court asks as the determining body to the constitutionality of laws made by either the federal or state governments. As such an authority, the Supreme Court is often faced with cases that emulate previous cases. At times the Court upholds its decisions, often times due to the concept of stare decisis or precedence, and other times the Court reverses its opinion. The most common reasons that the Court may overturn its decisions include: a shift if the ideology of the court, a shift in the political climate of the United States, or a change in the social culture has rendered a law or previous decision ineffective. Despite the list of possible motivators for the Court to reverse a decision, it is still uncommon to do so. Many of the factors that could contribute to a decision reversal also have the potential to be the reason the…

    • 2261 Words
    • 10 Pages
    Good Essays
  • Satisfactory Essays

    Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time, through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison,1803 laying the foundation for the Court's ability to render its decisions about laws and actions was indeed a landmark judgement which established the power of judicial review and established one of the cornerstones of the American constitutional system.…

    • 554 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    of philosophy can be seen with the court’s decision to overturn precedent that was interpreted in…

    • 1262 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Marbury Vs. Madision

    • 549 Words
    • 2 Pages

    The Judicial Branch consists of the Supreme Court and the judges, and the Supreme Court interprets the U.S. Constitution. The Supreme Court deals with cases involving the Constitution , the federal laws, treaties and disputes between the states. It does the job its set up to do and the job only, on what powers are allowed by the Constitution. The Constitution is very clear about the position of the Supreme Court as stated in Article III. “The judicial power of the United States shall be vested in One Supreme Court and in such inferior courts that the congress may from time to time ordain and establish.: “The judicial power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States and Treaties.”…

    • 549 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The role of the Supreme Court is to interpret the constitution and to apply these interpretations to legislation that has been made by Congress as to avoid them from making unconstitutional law. In doing so this is called judicial review in which the Supreme Court takes an active role in intervening in politics. If a law is suggested as being unconstitutional the Supreme Court will either accept or decline and if they accept, this will result in the judiciary then looking at the case and determining whether or not the accusation is true or if the question is entitled to make a claim. In some instances this can be taken too far by the court and they can intervene and end up making a substantial decision on some very controversial issues which would be deemed as unfair by one of the parties, other times their intervention is adequate and justified. I will argue that they are not politically neutral due to the appointment process; however I think they are less like politicians in disguise and more just actively doing their job and interpreting the constitution as how it is supposed to be.…

    • 1269 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Scalia vs Breyer

    • 1526 Words
    • 7 Pages

    Supreme Court Justice Antonin Scalia rejects the notion of a “living Constitution,” arguing that the judges must try to understand what the framers meant at the time the text was written. (pg 92) Supreme Court Justice Stephen Breyer contends that in finding the meaning of the Constitution, judges cannot neglect to consider the probable consequences of different interpretations. In a YouTube video I watched a debate with Breyer and Scalia, the first question asked was regarding purpose and consequence. Breyer Stated that he agrees with text, history, tradition ,precedence, purpose , and consequence , however he feels people emphasize more on text, history, tradition, and precedence and try to avoid , purpose and consequence. However Scalia felt that purpose and consequence invite subjective judgment. He gave an example stating “ If the purpose of the statue is to protect civil rights and if you do not interpret it this limitation on it you will protect civil rights all the more, and therefore you should adopt that interpretation. The problem is the limitation in its statue adopted by the legislature is as much apart of its purpose as protecting is the general purpose of protecting civil rights.”( stated in video) He also argued that he doesn’t agree with peoples interpretation because they pick out the consequences they do and do not like and interpret it according to how they feel about it.…

    • 1526 Words
    • 7 Pages
    Better Essays
  • Better Essays

    "[The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later, in article 3 section 2, the Judicial branch is granted power that “extend[s] 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.” The Judicial branch has explicit power to interpret the intent of past laws, treaties made, and…

    • 1390 Words
    • 6 Pages
    Better Essays
  • Good Essays

    is one of the sole purposes of the Supreme Court of the United States. Many…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Judiciary Branch

    • 1492 Words
    • 6 Pages

    Before comparing the works of writing and the writers’ opinions, it is necessary to know the basic facts about the organization and function of the judicial branch. A key point about this branch is that it is completely split up and organized in such a manner that if a case is appealed in a lower court, it may be brought to a higher court, and so on if necessary. Both court systems, State and Federal, have a series of courts within themselves as well. Above these courts is the Supreme Court, which is the highest court a case may be presented to in our government. This major court is comprised of one Chief Justice and eight Associate Judges, and functions on the basis of seniority. Lower State and Federal court systems must request for judicial review before the Supreme Court may even review the case at hand by deciding if the case is unconstitutional. Not…

    • 1492 Words
    • 6 Pages
    Better Essays
  • Good Essays

    By making decisions regarding the interest of the society the courts assume responsibilities that belong exclusively to the legislative and executive branches of government. The Supreme Court justices may rule based on what is in their best interest while saying that they are deciding for the good of the society. Moreover, when the Supreme Court justices are appointed, not elected, they may not be the representatives of the public’s view. As a result, judges begin making policy decisions about social or political changes society should make and become “unelected legislators.” By freely interpreting the meaning of the Constitution, the communities’ confidence in the Supreme Court will be undermined. When judicial activism in the Supreme Court wields too much power, it can eventually destruct the essence of…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Supreme Court Case Study

    • 742 Words
    • 3 Pages

    That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…

    • 742 Words
    • 3 Pages
    Good Essays