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Judicial Review and the Role of the Supreme Court

Judicial Review and the Role of the Supreme Court. Judicial Branch. What is Judicial Review?. Marbury v. Madison established this Power given to the Judicial Branch Power to declare what the Constitution means Last say before a bill becomes a law

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Judicial Review and the Role of the Supreme Court

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  1. Judicial Review and the Role of the Supreme Court Judicial Branch

  2. What is Judicial Review? • Marbury v. Madison established this • Power given to the Judicial Branch • Power to declare what the Constitution means • Last say before a bill becomes a law • Decide whether the actions of government officials violate the Constitution • Expanded the power of the Judicial Branch

  3. Favor of Judicial Review • John Marshall was chief justice • It’s the peoples’ Constitution; it’s superior and needs to be followed • Legislative/Executive Branches can easily be influenced by political party beliefs • Judges have fair power to have this since they are knowledgeable of the law

  4. Against Judicial Review • Legislatures have the power of the people by being ELECTED, not appointed like judges • Judicial Review can lead to turmoil if other branches disagree with their interpretation • Too much power over the other branches when they are appointed • All politicians are sworn in under oath to abide by the Constitution • Judges can make errors

  5. What do you think? • Good policy? • Too much power?

  6. Strict Construction:Textualism, Literalism • Words, phrases, or clauses mean what they say • Take them literally for what they mean • Judges cannot interpret them differently

  7. Strict Construction:Original Intent/History • How to interpret words that are unclear • You look at what the Founders meant • They chose the words very carefully, so need to give them credit and the benefit of the doubt

  8. Loose Construction:Fundamental Principles • Look at words that may not be clear according to limited government and natural rights that benefit the people

  9. Loose Construction:Modernism/Instrumentalism • Changing with the times • Stretch the powers to current times

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