The Purpose of Judicial Review

             What is Judicial Review? It is when the High court has to come in and review a decision that was made by the legislative or the Executive Branch of the Federal Government. It is also an option when the State courts make a ruling and it is challenged by the defendant, to seek if their ruling was made by the guidelines of the Constitution of the United States. To further analyze a Judicial Review, it is the Supreme Court of the United State, whom by the founding fathers of this country wrote the Constitution of the United States. At the time of the signing of the Constitution it did give the power to the Justices of the court to decide whether laws line up with the Constitution or they don't.
             It wasn't until the 1800's that this power was granted to the Courts to in other words become the watch dogs of this country in order to make sure that we the people have and enjoy the protections granted to us by the Constitution of the United States. Interesting enough, there are state and a federal courts. However, the Supreme court is the highest court in the land.
             In the Constitution, there are certain articles and one of the articles that give credence to the laws of the Supreme Court is Article VI, Clause 2. This Article is known as the Supremacy Clause. The Supremacy Clause of the Constitution paraphrase says that the Supreme Court and its laws are the supreme laws of the United States. It also subjects all of the state laws to line up with constitution and that no state laws shall be in violations of laws that don't line up with the Constitution. The States have an obligation to uphold what is known through the Constitution as a national law. National law is the Constitution this is what the Nations laws are based on. If the laws don't line up with the Constitution then they are brought to the Supreme Court of the United States where they will review the constitutionality of the law.The state court ...

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The Purpose of Judicial Review. (1969, December 31). In MegaEssays.com. Retrieved 10:11, March 29, 2024, from https://www.megaessays.com/viewpaper/204256.html