LastCallHall
Linguica
   
   
    
 
  
Since: 21.2.02
From: Raleigh, North Carolina
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|  #1 Posted on 5.12.06 1549.51 | Instant Rating: 3.96 | In 1989 by a 5 to 4 decision, the US Supreme Court declared a Texas flag protection law to be a violation of the 1st Amendment's freedom of speech provision. The process by which the Court can declare a state or Federal law unconstitutional is know as judicial review. In your essay examine the origins of judicial review. Where in Article III, if at all, is the concept of judicial review addressed? How does Marbury v. Madison (1803) relate to judicial review? Using the Texas v. Johnson (1989) case examine what happens when a law is struck down as unconstitutional. Once the judicial branch has exercised judicial review, are there any options open to opposing views from either the executive or legislative branches?
Judicial Review (arguments for)
Definition-the idea that any federal court can hold any law or any official act based on law to be null, void, and unenforceable because it is in conflict with the Constitution.
Explain the three types
Specific detail about judicial review of state legislation
The necessity for legal standing to review a case
The fact that the constitution gives explicit right to the supreme court to strike down laws
Judicial Review (argument against)
It makes the judicial branch more powerful than the legislative and executive branch
Who checks/balances their decisions?
What happens if they make a bad decision?
Judiciary Act of 1789
Origins of judicial review
What was created
Vagueness of the judicial powers
How much power should be given to judicial branch
Defined the jurisdiction of the Supreme Court
How would the legislative and executive branch function w/out a strong judicial branch
The Legislative Process
Definition of the Legislative process
How laws are created and put into effect
Amending the Constitution
The nomination and confirmation process of federal judges and supreme court judges
Checks and balances on the judicial branch by the Legislative
Budget
Number of federal judges and staff
Appellate jurisdiction
Marbury v. Madison (1803)
Explaination of the problem faced in the court case (That the Supreme Court found itself between a rock and a hard place due to President Jefferson)
Judicial review of congressional legislation
The first case to use judicial review
Legal jurisdiction to hear the case was not established, therefore the case could not be heard in the supreme court due to Article 3, Section 2.
Could the jurisdiction be changed by the courts
The result of the case
Texas v. Johnson (1989)
Explaination of the problem faced in the court case (That the court case was overturned due to an action be labeled as a part of free speech.)
How the case came to appear in the Supreme Court.
The case became a example of why courts have to be selective in what they overturn. If they start restricting freedoms, even ones of hate, you have infringed on peoples rights of expression.
Consideration of dissenting views
Congress ended up passing a law in defiance of the ruling
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