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