Federalism or Judicial Review
Why is "Federalism / Judicial Review" as important today as it was when the founders wrote the U.S. Constitution?
Judicial Review
By: Steven Haas
Judicial Review:
Judicial is the power of the courts to declare that acts of the other branches of government are unconstitutional, and thus unenforceable.
Judicial is the power of the courts to declare that acts of the other branches of government are unconstitutional, and thus unenforceable.
Judicial review is important because it is the power of our court system. “Judicial review is the power of the courts to declare that acts of the other branched of government are unconstitutional, and thus unenforceable” (Haas). This just mean that judicial law protects against unconstitutional and unjust laws that are enforced on the people. An example of this would be “if Congress were to pass a law banning newspapers form printing information about certain political matters, courts would have the authority to rule that this law violates the First Amendment” (Haas). Judicial review was introduced be Baron de Montesquieu (it was influenced by his earlier idea Separation of Powers), “but it did not arise until a century later” (Haas). Judicial review is the looked over or taken for granted a lot of the time, but really it is a big part of our government, and it effects our daily lives. The Judicial branch has to take matters into its own hands once in a while; some of the recant and majors laws “include same sex marriage bans, voter identification laws, dun restrictions, government surveillance programs and restriction on abortion” (Haas). These are all very controversial laws that the judicial branch ended up making the decision for because all of these are very controversial laws and could go either way. It is the Supreme Court’s job the make the decision for these controversial laws because the people and state had already voted, but the results could honestly go either way. In conclusion is it the Supreme Court’s choice to the decide whether or not to pass the law or not. It is important that we have a branch in the government (judicial) that makes laws for us as American when we cannot reach a solid conclusion and a controversial topic or even a simple matter.
What is Federlism? Why is it Important?
By: Jared C. Clark
Federalism is not only important to prevent corruption, but it also helps with little state laws and issues. Federalism is the “division of government powers into state and federal levels” (Clark). Federalism is based on democratic rules. “The original Federalism of the United States was very different from how it appears today” (Clark). People were originally afraid of a strong central government. That’s why “the federal government (used to be) supreme in its sphere” (Clark). That’s when “they created a limited federal government in the U.S. Constitution. The limited federal government is like it says limited, in meaning they aren’t given all the power, so they’re not “supreme” anymore, it’s equal. Federalism used to be the “Servant of the State”, now the “federal government has become master and the states the servant” (Clark). Now the people elected State Representatives, the state no longer does. We elected the people that we best believe will make the correct choices for our futures. When gay marriage was in the hands of the states (before it got handed over to the Supreme Court, judicial branch) the people would vote through the state. We had representative (that we voted in) saying either, “yes” or “no gay marriage will not be legal in our state.” In California we voted yes, gay marriage will be legal in our state and this went thought the State. Federalism grants us the right to wither say yes or no to certain laws.
Judicial Power: The Founders’ Design
By: Brion McClanahan
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