Tuesday, January 7, 2020

The Power of Judicial Review - 1125 Words

The late 1700s and early 1800s were a time full of expansion and innovation in the United States of America. The country was getting bigger, both in population and in geographic size, and the government was getting more powerful as well. This was because of the new Constitution that was put into place in 1787 that replaced the Articles of Confederation and took most of the power away from the individual states and gave it to the federal government. When the Constitution was ratified, both Brutus (believed to be Robert Yates), and Alexander Hamilton were in a debate over the potential power of the federal government, and more specifically, the power of the Supreme Court in Federalist 78 and Brutus’ eleventh and twelfth letters. Alexander†¦show more content†¦This type of longevity in office ensures that the judges do not face any type of political pressure by either the government of the people themselves. It also prevents the other two branches of government from havi ng any type of influence on them. This works both ways, however. The Judiciary relies on the other two branches to enforce its decision. It has no power to do so by itself. Hamilton states it has no influence over either the sword or the purse...It may truly be said to have neither FORCE nor WILL, but merely judgment. This reinforces the idea that the judiciary is very weak in comparison to the other branches. The legislative branch controls the money, or â€Å"the purse†, and the executive contains the military, or â€Å"the sword†. The judicial branch also poses no threats to any political rights. Federalist 78 outright protects the idea of judicial review, one of the most controversial topics. Hamilton claims that the court not only has the right, but the duty to decide when acts of Congress are constitutional or unconstitutional and to base their decision firmly off the Constitution whenever there are any type of conflicts. He regarded this as a protection against manipulation by Congress, which was a far more serious concern. Fifteen years after the publishing of Brutus’ letters and Federalist 78, the landmark case Marbury v. Madison was broughtShow MoreRelatedThe Power Of Judicial Review Essay1805 Words   |  8 PagesThe power of judicial review was established by the Supreme Court in the 1803 case Marbury v. Madison and gives the judicial branch the ability to decide the constitutionality of a law or Executive action. Judicial review has no constitutional grounds, meaning that the Supreme Court essentially created its own power: the power to interpret the constitution. 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