Judicial Review Advantages

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Chief Justice Marshall 's ruling in Marbury v. Madison politically advanced and ensured the success of the US Constitution. Judicial Review both helped preserve the Constitution but set the standard for modern day federal court cases around the world. “The key to Marbury’s teaching about the separation of powers to a more fundamental fact: The authority of each branch of that government, and especially that of the Supreme Court, reflects the most basic characteristic” (2 Schotten). Therefore, Marshell giving the Supreme Court the power of Judicial Review further ensured the ideal of separating power through checks and balances. Without this concept Marshall argued, “the legislature may alter the constitution by any ordinary act.” Judicial …show more content…

Madison, has protected the social and economic rights of minorities more than other previous acts. Judicial review single handedly limited the power of Congress and implemented more protection for American citizens. Since the birth of the nation America has been a constant struggle for basic civil rights. Most recently, the gay civil rights act found a victory in the Supreme Court. Obergefell v. Hodges ruled that same-sex marriage is a fundamental right according to the fourteenth amendment of the constitution. Revision of the constitution has gave and protected social rights to people of all sorts of minorities. On the other hand, Judicial review has helped ensure economic freedom, or the ability to control our own resources free from government interference. The Lochner era, 1897 to 1937, of the Supreme Court is generally characterized by decisions striking down legislation or regulations that infringed on economic freedom by the 14th amendment of the constitution (Charles Koch Institution). This era is most famous for using Judicial Review to grant economic freedom. Marbury v. Madison ensured that the American citizens could fight for their economic and social rights under the

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