Essays on Judicial Review

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Summary of the Administrative Issue

In this article, Chand, Schreckhise and Bowers (2016) examine the factors that influence the decisions of Federal Immigration Judges when granting or refusing asylum to immigrants in various regions. According to them, politics and political affiliations to a great extent influence the granting of asylum by these judges. This is consistent with a similar observation by Post (2013) who notes that politics obviously has a hand in such decisions but questions the efficacy of this in ensuring fair outcomes. For, immigration judges in areas under the control of Republicans rarely give asylum to immigrants while those in regions dominated ...

The case of Marbury v Madison (1803) established judicial review which allowed the Supreme Court to proclaim that acts of Congress are unconstitutional even though the review itself is not a part of the Constitution (Haas 2014). Though the petition to give Madison a writ of mandamus was ultimately thrown out, this landmark ruling would affect other Court cases for the next two hundred years as the Supreme Court would continuously extend their influence. Take the case of Martin v Hunter Lessee (1806) where the Court decided that it could “review state court civil cases, if they arise under ...

Federal Court Structure vs State of Georgia Court Structure

The Constitution of the United States of America is the highest legal authority in the country. Due to federalism in practice, both federal and state governments have a court system of their own. The structure of federal and state courts is different as states have the power to decide the type of structure they want to implement. The structure of federal courts consists of three levels; these are District courts or Trial courts, Circuit Courts and Supreme Court. The Circuit courts work as the primary level of appeal and the Supreme Court is the final level. In total, there ...

The person I chose to introduce as my unsung hero is John Marshall. John Marshall, who was Chief Justice of the United States Supreme Court from 1801 to 1835, is best known for his opinion in the 1803 case Marbury v. Madison, in which he formalized the principle of judicial review. John Marshall qualifies as an unsung hero, because without his interpretation of what the judicial power of the court means, it is more than likely that the nation that we know today would be very a different place. Unlike most other Chief Justices, prior to his appointment to ...

1. Marbury v. Madison Marbury v. Madison was a significant case in the history of the United States. It was an important case because the Supreme Court affirmed its position as the only state organ charged with the responsibility of reviewing decisions made by the executive and the judiciary. The judgement was delivered by Chief Justice John Marshal in 1803.The case had a vital role in ensuring that the Judiciary was a respected arm of government, just as the legislature and the executive. William Marbury was voted and declared as the peace justice of the country’s capital at ...

Introduction

Although the legal system of the United States of America is one well-known in the world due to its extensive depiction by the media, basic familiarity of other legal systems, and, relevant aspects of international cooperation issues is an indispensable element of a law enforcement professional expertise. This research discusses the differences in substantive and procedural law, judicial review, policing systems and international police cooperation between the United States of America and the United States of America.

Substantive Law

Substantive law matters in the USA and the UAE are dramatically different. Thus, both civil and criminal substantive law provisions in the ...

A Critical Commentary of Chapter 2 in the Book Comparative Legal Traditions In A Nut Shell By Mary Ann Glendon, Paolo Wright-Carozza and Colin Picker. Chapter 2 focuses on the legal structures in civil law jurisdictions as opposed to other legal systems. First, the authors consider the parliamentary system of government that exists in civil law jurisdictions. They also provide a clear definition of what a parliamentary government is and what it entails while contrasting it with the presidential system of government. The chapter reveals the close connection that exists between the parliaments relate with the ‘the government’, which ...

Abstract

This paper examines the case of Massachusetts v. Environmental Protection Agency, a 5-4 Supreme Court decision that combined the substantive, environmental law question of whether the Environmental Protection Agency erred in its initial decision not to regulate greenhouse gas emissions for motor vehicles with the procedural issue of whether states, cities, and environmental organizations had legal standing (defined as the right to use the courts as opposed to Congress to force governmental action) for the environmental claims at issue in the case. This paper begins with a brief overview of the political, legal, and cultural context for assessing the ...

Introduction

Parliamentary sovereignty is one of the most sensitive subjects on the United Kingdom legal and political agendas. Since the monarch of the country was made subordinate under the United Kingdom unwritten constitution, numerous questions regarding the ability of Parliament to adopt the acts of supreme legal force has been regularly contested. In particular, there is a strong division among the UK legal scholars in this regard. While the first group strongly believes that the Parliament of the United Kingdom is not confined by anything and anyone, others are the staunchest advocates of the idea that the Parliament’s powers ...

According to the current business environment, law does not have an exact definition. However, it is a set of rules, principles, and standards that summarize the behavioral practices in business (Gibson & Fraser, 2013). Therefore, it is this legal system that helps us in defining the acceptable social behavior. Laws acts as a boundary to some activities that are not in the best interest of the members of the public. Therefore, in today’s business environment, laws and courts have several roles to play. For instance, it protects the consumers, employees, the environment, and taxation. The role of the government ...

(1). As set forth in the Constitution and through judicial interpretation of the Constitution, the Supreme Court plays a number of important and necessary political and legal roles. First, it is one of the three branches of the federal government. Accordingly, as provide for in the Constitution, it is an essential part of the system of checks and balances that guarantees that no one branch is able to become too powerful. In this role, the Supreme Court may check the power of the Congress or the president through the determination of whether their actions abide by the Constitution. A ...

Introduction

A labor relationship between parties is regulated by the contract. Any disputes regarding the terms of the contract may be settled in the Court. The Courts established common law rules determining the rights and duties of the employer and employee. Nevertheless, the employment conditions were often unsafe and harmful, hours of work long and wages low. The government started passing laws to combat exploitation of employees by employers. In 1900s government started establishing minimum employment standards, which became the basis for modern labor standards legislation. While the government was taking legislative actions, employees started forming trade associations to increase ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...

Introduction

Any business, whether the auto mechanics that starts his own sole proprietorship or the multi-national technology corporation is considered a member of the community. As a consequence, businesses, like individuals, are not only subject to the laws of the jurisdiction in which they are located in, but also expected to comply with those laws like any other citizen. Accordingly, the primary roles of law in today’s business environment is to establish: what’s right and wrong business behavior is, what are the rules and guidelines that businesses are expected and required to follow in order to validly and ...

a. The US is led by a President, while the UK is led by a Prime Minister. How is the US President selected? How is the UK Prime Minister selected? The primary difference between the United States and the United Kingdom system for electing their respective chief executive position is reflects how both of the systems are so different from each other. In the United States there is a direct election for the position of President of the United States, in which the two nominees of the two major parties compete to be elected. (Janda, 2012 pp.209-216) The general ...

John Marshall assumed his office as the 4th Chief Justice of the Supreme Court of the United States. He has made a considerable improvement in interpreting the constitutional laws of the country during his term and his opinions were highly revered and many of them were used to as a basis of the future Supreme Court decisions. His three decade term as the Chief Justice allowed him to reinstate the federal power of the government over state governments.

The Judicial Review

One of the greatest influences of John Marshall was in shaping how the supreme court functions today. It was during his ...

1. The 1803 case Marbury v. Madison was a landmark case that was essential to the current powers of the Supreme Court (Marbury v. Madison, 1803). The two major principles that were developed in its holding was the power of interpretation and judicial review. In delivering the opinion of the Court denying Marbury his claim the Secretary of State Madison was required to deliver his appointment to serve as judge, Chief Justice John Marshall stated that the primary responsibility of the Court was to interpret the law and that no other branch had this authority. In addition, Marshall also ...

While television and the media dramatize and glamorize murder trials and other violent crimes, these consist of only a small fraction of the law. Even if a person has never stepped foot in a courtroom, laws and regulations are encountered in everyday life. Law is what keeps and maintains order in society. Laws exist in the form of statutes and regulations at the federal, state, and local level. There are thousands of laws touching upon nearly every topic imaginable. Laws are the product of legislation, an elected representative of the people that decides what conduct should and should not ...

Sources of Law and areas of Law in Common Law Countries

Notion of common law and its features Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...

MEMORANDUM

Re:

Introduction

I have keenly assessed the memo recounting Sylvia Martinez’s current business activities. Sylvia operates a chain of dry cleaning stores within the Houston metro area. She is currently planning to do major renovations to two out of her five locations. Sylvia married Polino who is later employed by the dry cleaning business and pays the cost of Polino’s polo playing. She uses Polino’s polo playing as an opportunity to advertise her dry cleaning business by tagging the business logo on Polino’s polo uniforms and sandles. Sylvia also sells cleaning products alongside dry cleaning services. Sylvia ...

Introduction to American Government

“Mr. Smith, who served as a member of the Texas Legislature for eight years, has recently been elected to the U.S. House of Representatives. As he makes the transition from Austin to Washington D.C. what are some of things that he should be aware of? Specifically, how is the structure of the Texas Legislature similar or different from the U.S. House? Also, how would you inform him about how Congress has changed over time. Finally, how would you suggest he develop his Home Style?” John Marshall became the Chief Justice of the United States Supreme court for thirty years. ...

The bureaucratic government has a chain of command that is hierarchical whereby ultimate control belongs to the top most office. A bureaucratic system has a clear division and planning of labor in which every personnel has their role. Government of this kind has rules entitled to every individual to follow. Successful modern societies have adopted rational bureaucracy. Power in this type of system is limited depending on the movement down the hierarchy, and this has been demonstrated by the Iron Triangle of modern America which portrays the procedure of Government work. The aspect of America jurisprudence is exceptional to other ...

Introduction

Democracy in the United States was meant to give power to the people by creating a separation of powers into three main arms of government. The reason was to create a governance structure in which no single individual or institution of government will override its power and erode the civil liberties of individual Americans. The American democracy was seen as an improvement over the monarchy in Britain and the colonial government the people had experienced. One of the elements of American democracy was the establishment of an independent Supreme Court (head of the Judiciary) that has to be led by independent ...

When most Americans hear that the Supreme Court has utilized judicial review to strike down a federal legislation, they often understand the Court’s act as a nullification of the legislation. Simply put, the court has undone the work of the congress and ended the life of the statute. The other branches of the federal government are elected by the Americans and are entrusted with the responsibility of making laws. Nevertheless, the reality is that judicial review does not usually end the life of the statute, but offers an exemplary opportunity for the congress to review the legislation and incorporate or ...

Short Answer Questions

1. Minority nationalism is a phenomenon that exists in minority communities within larger, more homogenous populations. For instance, in China, most of the population is Han Chinese, but the minority groups are very cloistered and self-contained. These types of groups can also be seen in the United States and Europe, within cities or countries that have relatively sequestered minority populations (Bale 2013). In places where there is a large majority population and a number of smaller, less well-represented populations, minority nationalism is a form of self-defensive nationalism (Bale 2013). In countries where democratic parties are often split down ethnic or cultural lines, ...

The case of Marbury v. Madison

The American legal system is Anglo Saxon and significantly different from the continental legal system, with much broader powers of the Supreme Court, which does not recognize the justice of other countries. The American judicial system is known for being based on the case law, and because of the time the Supreme Court had more weight, while at the end of the judicial power did not become competent to say what law is. The entire American public sovereignty is divided into three mutually independent, equitable, and consistent powers. Framers of the Constitution are, insisted on the independence of ...

Judgment in the case of Marbury v. Madison, often referred to as the most important in the history of the United States Supreme Court, has put into practice the principle of judicial review and the authority of the Supreme Court to recognize the constitutionality of both legislative and executive acts. This case arose as a result of the political dispute that broke out after the presidential elections in 1800, when Democratic Republican Thomas Jefferson defeated the president of that time Federalist John Adams. In the final days of his being in office of the administration of Adams, Congress, in ...

Question One

The labor laws outlaw employee discrimination of any nature. It is illegal to practice any form of workplace discrimination. The action by the employer would be deemed unlawful. It can be explained by the theory of affirmative action. The Act outlawed any form of discrimination against any employees and job applicants because of sex. The employers should therefore not make any employment decisions on stereotypical and assumptive attitude. Presuming the ability, personalities, or the productivity of potential employees, on account of their sex is illegal. The employer can be sued for violating the law. The principle of equality ...

Law 4900

4:10 pm Introduction In the United States (US), the judiciary holds the authority to conduct constitutional decision-making, in which they interpret the US Constitution accordingly whenever they confront specific cases that involve its provisions. There are at least three approaches to constitutional decision-making: originalism, living constitutionalism and minimalism. Each of the three approaches of constitutional decision-making have different ideological bases – originalism deems the meaning and intent of the framers of the US Constitution as important, living constitutionalism takes into consideration the various societal changes and minimalism emphasizes the importance of case-specific interpretations, being perhaps the most moderate ...

ANSWER

ANWER 1.) The agents of the FDA cannot go to Kenobi’s store and arrest him. The FDA cannot also impose any fine and jail Kenobi since he did not commit any violation. The facts of the case will show that the new regulation which bans all glass coffee mugs was published in the Federal Register only October 1, 2014 and was supposed to take effect on October 20, 2014. For several years, Kenobi has been known worldwide for his famous glass coffee mugs. He was even featured on acclaimed magazines such as Glass Vogue for being the ...

The Australian administration law has developed over the last three decades. The framework of the law is marked by the comprehensive system of the administration law. Key elements addressed in the administrative law system include the conferral of information under the freedom of privacy legislation, human rights agencies, the review of the administrative tribunals, and review of the judicial courts. Administration law looks at the implications of three main groups which are the courts, executive, and a citizen. The three groups are directly involved in each of the administrative law dispute. They can either be the defendant, adjudicator or the ...

American Airlines, Inc. v. Department of Transportation This is a landmark case in Administrative Law. From the facts of the case, Dallas and Fort Worth operated two separate independent airports that were competing against each other in the same locality. The agency that operated as the Department of Transport, CAB identified that the presence of two airports was harmful to the region and as such, they ordered the two airports to merge in 1964. This culminated in the Regional Airport Concurrent Bond Ordinance, 1968 which was to close off some airfields in the region to commercial activities. The Ordinance ...

Introduction

Despite the fact that a popular government elected by the people for the people should be allowed to exercise its authority over the people such as creating and changing laws, a professional and qualified group of experts should be allowed to exercise authority in regulating the politicians. The Supreme Court may not be elected but with the interest of the nation at heart and with a mission to protect the law, they are qualified to dismiss inappropriate laws (that violate the constitution) made by the Congress. Since the law governs humans and humans are bound to change and advance, the philosophy was ...

The United States Supreme Court marks the highest court in the US. The court offers the final appellate jurisdiction and has the overall powers over other courts in the United States. The court consists of the chief justice and other eight associate justices within the framework. These justices are appointed by the president then effectively confirmed by the senate. However, this number depends on how the congress can fix the number that seems convenient in service delivery. Formed in 1789 marking the highest federal court in the US history, the court handles all matters including the federal matters regarding ...

Introduction

The Administrative Appeals Tribunal was established under the Administrative Appeals Tribunal Act.The AAT derives its mandate from both the Administrative Appeals Tribunal Act and the Administrative Appeals Tribunal Regulations of 1976. The following discourse will focus on the mandate of the AAT in the light of the power to review the merits of administrative decisions of institutions. The paper indulges in a discussion on the institutional framework of the Administrative Appeals Tribunal, which characteristically distinguishes it from the ordinary court system. Moreover, it examines whether or not the AAT has been removed from the bureaucratic system and concludes by appraising ...

Introduction

The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become politically salient and ...

In the wake of 9/11 and the beginning of the War on Terror, the American public has developed a much more complex relationship with its government than ever before. Given the fears and security risks inherent to a non-government organization with no lines of citizenship, yet significant intent to harm the American people, many changes and reevaluations of civil liberties have taken place. Most important among these is the writ of habeas corpus, which has slowly been eroded in the past decade between Guantanamo Bay and the PATRIOT Act, leaving American citizens worried about their own freedom and sovereignty being threatened ...

The Supreme Court is the highest federal court that is entitled to giving judicial Powers to the nation especially in the United States. It was established through the Judiciary Act of 1789 and formally received recognition in 1790. The Supreme Court receives recognition in Article III of the Constitution. This essential aspect of the judicial system ensures that various functions are fulfilled accordingly. These functions include: put in place proper procedures and rules for the federal courts and acting as the interpreter of the states and federal law. The Supreme Court comprises of a chief justice and other eight associate ...

Public entities must always act in a lawful, transparent and accountable manner. They must act in such a manner for two cardinal reasons. The first is that these entities utilize public resources from taxpayers’ pockets and must, therefore, do everything in their power to make prudent use of these resources. Secondly and most significantly, their actions may end up affecting thousands or millions of people`s lives and livelihoods and, therefore such actions need to be carefully examined, lawful and transparent. These are some of the best practices that are elements of good governance that characterize a democratic society. In a democratic society, ...

Question one

If the agents of the Environmental Protection Agency (EPA) were to walk into Skywalker’s store and arrest him, it is our argument that the EPA can neither fine nor jail him for the alleged violation of the law. In answering this question in the negative, much consideration has been given to the wording and the text of the legal provisions creating the offence. It is my submission that there is no disclosure of an offence known to law as to attract any legal sanctions. In particular, the law stipulates that all glass top coffee tables are banned in ...

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984) Facts: The Clean Air Act Amendments of 1977 required some of the states which have not yet conformed to the national air quality standards of the EPA to comply with the set standards pursuant to the unamended Clean Air Act. The EPA enacted regulations which interpreted the term “stationary source” to permit the other states to treat all of the pollution-emitting devices coming from similar industrial group ...

In the history of American Law, John Marshall remains one of the most influential chief justices. He was the fourth and longest-serving chief justice in the US Supreme Court from 1801-1835. According to expert commentators, John Marshall was the greatest Supreme Court justice of all time where he dominated the court and played a major role in the evolution of the American constitutional law

The Greatest Supreme Court Justice

John Marshall’s definition on the absolute role of the Court as a coequal branch of the United States government along with his declaration on the rights of the Supreme Court’s judicial review, created an equal ...

Judicial review is an exceptional type of court case in which an act, action, decision or any other inconsistency on side of the government is challenged, in the courts of law. Judicial review scrutinizes the activities of the government by ensuring that the government’s activities are in accordance to the law. This establishes a legal equilibrium. Constitutional review is the scrutiny and close examination of the laws governing a country which might result in adjustments of these rules; a process known as constitutional amendment or review. According to Article 8 of the Hong Kong Basic Law, the rules of equality, subsidiary ...

Political Science

JUDICIAL REVIEW Judicial review refers to the series of checks and balances within a definite government which can be achieved through the examination of the approach with regard to constitutional interpretation and the method of exercising the power of judicial review (Wolfe, 1997, p. 10). Judicial review was defined in two instances namely: 1.) definition given by Federalist No. 78; and 2.) in the case of Marbury Vs. Madison where it was ruled that the duty of the judicial government is to say what the law is. Federalist No. 78 states that laws which are contrary to the Constitution ...

The Los Angeles Independent Media Center a non-commercial local unit of the Independent Media Center or Indy media which is a collective network of journalists aimed at reporting on different socio-political issues. The website of the Los Angeles Independent Media Center features and shares left wing issues on the web to spread awareness of the events. They have a wide-ranging left wing issues segmented into different categories from anti-war to immigration and animals rights. Some of the left-wing issues covered in the website includes the following: i) One of the most debatable issues today is the consumption of genetically modified foods which ...

Kelo v. City of New London, 545 U.S. 469 (2005) Kelo v. City of New London, 545 U.S. 469 (2005)

This was a case concerning a projected that was designed to create at least 1000 jobs, which would in turn lead to an increase in revenue through increased tax collection. Moreover, it was also the intention of the project designers that it would revitalize the economy of the city, more so the waterfront and downtown areas. The project received the consent from the requisite authorities in the city of London to commence in the year 2000. In order to realize ...

[Author’s Name] [Institutional Affiliation] Marbury v. Madison is perhaps the most imperative case in the history of America’s Supreme Court history. Its importance lies in the fact that it was the first ever case in Supreme Court which applied the Judicial Review principle i.e. the authority of federal courts to annulled any Congressional in disagreement with the Constitution. This decision was written by Chief Justice John Marshall in 1803 and proved to contribute greatly in formulating the Supreme Court as a disconnected governmental branch at the same level as Congress and the executive. According to the ...

Marbury v. Madison (1803) Marbury v. Madison is a case that is used as a reference in most jurisprudence due to how it was able to arbitrate on constitutional issues. In the period preceding this case the president, John Adams, had nominated John Marshall for the position of Chief Justice. This was following the resignation of Oliver Ellsworth due to health reasons. The president had initially tried to bring back John Jay who had been Chief Justice before but he declined the appointment by the president citing his old age. Marshall was a staunch federalist and had been serving as the ...

Introduction

The Canadian Charter of Rights and Freedoms was promulgated in 1982 and it brought with it several fundamental developments in the legal system of Canada especially in the Supreme Court. Hon. Justice Frank Lacobucci makes the case that the Charter has led to increased protection of fundamental rights as well as promoting national cohesion. To this end, he examines a few of the cases determined before the enactment of the Charter and after, with a view of demonstrating the developments that the Charter has enabled. Nonetheless, it cannot be said that the Charter has been a magic wand in the improved preservation ...

Discussion Post

Discussion Post - Define the terms material support or resources, training, military-type training, expert advice or assistance, critical infrastructure, and terrorist organization in relation to 18 United States Codes 2339, 2339B and 2339D Anti-terrorist legislation under Title 18 U.S. Code in reference to “Mens Rea” pertains to a person with the intention or state of mind along with accompanying conduct by law describing the offense of supplying materials to terrorists. Under Title 18 aligned with Code(s) 2239 and 2339B “Mens Rea” specifically pertains to the act of a person charged as intentionally providing support to a terrorist group or ...

Introduction

Justice John Marshal, the 4th chief justice in the United States court opinions was crucial in laying the basis for the American constitutional law. His court opinions made the United States Supreme Court a coequal branch of the government along with executive and legislative branches. He is regarded as a longest serving chief justice. He actually dominated the US court for more than three decades. His significant role in developing the American legal system cannot in fact be underestimated. Most remarkably, Justice Marshall reinforced the leading principle that the American federal courts are compelled to employ judicial review through disregarding ...

The facts relating to Marbury were rather complex. During the elections of the year 1800, the organized Democratic-Republican Party led by Thomas Jefferson consequently defeated John Adams’ Federalist Party as it created a conclusive atmosphere of general political panic due to the overall aspects of lame duck Federalists. Within his final days of presidency, Adams made a number of appointments with a large number of justices for peace within the District of Columbia. Their commissions were eventually approved by the Senate as they were signed by the sitting president and later affixed with the government’s official seal. However, the commissions were ...

Introduction

The federal government comprises of three main bodies i.e. the legislature, the judiciary and the executive arm of the government. It helps to ensure the smooth running of the social, political and economic aspects of the nation. This paper gives a brief history about the development of the federal government in the nation besides exploring the different branches of the government.

History of the system

The American constitution of the 1987 created a system that counterbalanced interests, powers, and ambitions. Majority injustices and the popular disturbances disturbed James Madison, one of the founding fathers of the federal government in America. While concerned by the 1780s ...

Introduction

The two cases are celebrated for the framework they laid in terms of tackling issues dealing with the constitutionality of laws. The case laws provide fine and tenuous precedents that effectively and predictably provided the justices of the Supreme Court to give direction on the interpretation of the law. The first case, Marbury vs. Madison essentially shows the central role of judicial review in light of exercise of power by the executive as vested by the constitution and other written laws. On the other hand, McCulloch vs. Maryland lays the foundation that would be applied in interpretation of the ...

South Korea’s Constitutional Court V, US Constitution

a. Judicial independence requires that all issues brought unto it be decided impartially and such decisions should be guided by facts and legal directions (Gordon, 2008). I agree with the judicial review assertions from traditional theories regarding neutrality and principality of decisions, and I do see some element of fairness in it. As much as Justices would like to stay human, a number of issues often influence their decisions and some of these issues include political issues. I think the Judicial Review exists in order to halt non-constitutional laws approved by the legislature. It is difficult to categorize decisions made ...

Toward a Happy Medium: Maintaining Balance Between America’s Right to Liberty and Need for Security Through the Fourth Amendment

Abstract

The Fourth Amendment to the Constitution is near the heart of the American model of civil liberty. In no other amendment do the notions of liberty and security rest at such delicate legal counterpoints. Maintaining balance between the two is a constant challenge. Decisions in landmark cases in the last half of the 20th century helped to affirm important Fourth Amendment principles and protections concerning search and seizure, drug testing and probable cause. But in the post-9/11 world, Americans’ right to ...