Judicial Review Essays (Examples)

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Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Judges if the position of Circuit Court Judges already taken up by others had been eradicated. Furthermore, they stated that the eradication of the Circuit Judges had been, in fact, illegal and undemocratic in accordance to Article III of the Constitution that stated that once authority had been assigned to a body, it had an enduring or life term; and giving Congress, the authority, to eliminate or eradicate the Circuit Courts had been against the judicial sovereignty promised. Another argument had been that the Congress could not and should not add to the responsibilities already handled by the Supreme Court Justices/Authorities mainly because the added responsibilities could burden them unnecessarily….

As Treanor emphasizes, "hat appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority and autonomy" (455).
Texas v. Johnson (1989). Perhaps as no other issue in the post-September 11, 2001 climate is that of flag-burning. The debate is heated and emotionally charged, and it is easy to get caught up in the rhetoric. Nevertheless, it is important to keep in mind what the flag represents to many people and avoid characterizations that would lead to misunderstandings. The U.S. flag and - in the case of Texas v. Johnson, state flags can mean a great deal to citizens and it is natural to expect them to want their flags honored and respected. hen people use the symbolism inherent in the national or a state flag, they touch buttons that….

Judicial Review in the United States is based on a premise that the actions of the legislative and the executive branches should be subject to review by the judiciary. Supreme Court is the main actor in conducting such reviews. The Court has the power to invalidate the mandate of either the legislative or the executive if the Court finds them incompatible with the constitutional law. The judicial review is part of the democratic principle, separating powers in the government, and making both the executive and the legislative branches accountable before the supreme law. In the United States today, the judicial review may be used through six forms of constitutional arguments or constructions: historical, textual, structural, doctrinal, ethical, and prudential. The historical argument usually refers to the original intent or the understanding of the constitutional argument, often referring to the intentions of those who codified the laws. The textual argument is….

..making each withdrawal liability payment when due under the Multiemployer Pension Plan Amendments Act 29 U.S.C. Section 1381(a)." (Nager, et al., 2006; citing Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. Of Cal., Inc. 522 U.S. 192, 208 (1997). The respondent further notes that in relation to each antitrust law a new violation is constituted by each "unlawfully high priced sale" since that sale is a "separate, single act" in violation of the Sherman Act, Klehr v. a.O. Smith Corp., 521 U.S. 170, 189 (1997).
IV. ANALYSIS

The petitioner in this case Ledbetter, states that that question is "...whether payment of an intentionally disparate wages constitutes a present violation of Title VII," and while it is unfortunate that just as in this case, a company can practice pay discrimination over so many years and in such increments that may not be conceived as discriminatory, the fact remains that….

Judicial Review
The most important American political institution is the U.S. Constitution. Of course, this is only a document, but it is also an institution in its own way, for it is the basis of all American political institutions and practices. It is like the DNA of our government: e would have no government without it, no road map to create our form of democracy. Unlike other democracies like Great Britain in which there is no single guiding document or voice, the U.S. government has a central core. This is, of course, sometimes problematic as when courts or other governmental institutions become so wrapped up in the problem of the "original intent" of the Framers of the Constitution - as if anyone could determine after over two centuries what such intent might be, assuming that the Framers themselves would want us necessarily to limit ourselves to their vision of the world.….

Judicial Review: A Review of "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis"
In "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," Daniel Cole discusses the role that judicial review has played in the protection of private property rights. He begins by stating the assumption that judicial review has played a critical role in the maintenance of private property rights and then questioning that assumption. He begins by reviewing the assertions of some scholars that private property owners do not require judicial review to protect their property interests because they are capable of doing so through the political process without the intervention of the courts. In fact, these scholars suggest that the courts are not well-situated to deal with compensating people who have been victimized by such unjust takings, suggesting that even a flawed regulatory system is better-situated at handling these problems than the court….

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.
orks Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National

Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.

National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.

Linder, Doug. "Judicial review." Exploring Constitutional Conflicts. 2004. University of….

Judicial Appointments
Bush's Judicial Appointments

An Examination of President George W. Bush's Judicial Appointments

During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Federal District Court judges. Judicial appointments can be one of a president's longest lasting legacies. The people President Bush named to the judiciary will be making decisions and affecting policy long after he leaves office. Courts today, especially the Supreme Court and appeals courts, make policy that has just as much of an impact on Americans' lives as do the laws that Congress passes. President Bush recognized this fact and took his power to appoint judges very seriously.

According to Christopher Miles (2010) it is hard to know exactly how the nomination process worked in the White House because those involved in the process have remained relatively silent; however some details have come to light. In the Bush administration,….

Judicial Appointments
Constitution

Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment

Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of epresentatives, as a Senator, and as President of the United States? How do those respective qualifications differ?

Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of epresentatives: No Person shall be a epresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. Senate: No Person shall….

Judicial Appointments
Communication

ead-Only Participants: A Case for Student Communication in Online Classes

This article by Nagel, Blignaut, and Cronje' (2007) uses a mixed methods approach to investigate how online activity and discussion postings relate to learning and course completion and how student participation influences the learning community. The authors note that as more formal education course become available online, quality and non-completion remain a problem. etention and success rates in such courses and programs are frequently reported as typically lower than those delivered in a traditional classroom format. The purpose of this study was to investigate the importance of online visibility apparent in the quantity and quality of participation how this relates to the successful completion of a postgraduate online course.

Participants in the study were pursuing their Masters degree in an 8-week course on web-based distance learning in a computer integrated education course at the University of Pretoria in South Africa. This….

Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.
Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case….

The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla.
The government also argued that the District Court of the Southern District of New York did not have jurisdiction, since the prisoner was currently housed in Charleston, South Carolina (Padilla ex rel. Newman v. Bush, 2002). The Court rejected this argument in addition to making five other decisions: (1) Secretary of Defense umsfeld was the proper respondent to the habeas petition, (2) the Court had jurisdiction over umsfeld, (3) the President is authorized to designate Padilla an enemy combatant (without judging its merits) and therefore detain him for the duration….

Judicial eview
Judiciary -governing and selection

Judiciary: Article eview

One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations 'persons' in terms of their ability to fund political campaigns through political action committees (PACs). According to Thomas B. Edsall's article "Cash and carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow.org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform. They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" (Edsall 2012). Edsall excoriates the recent Citizens United decision, stating it has fundamentally undermined the democratic process.

In the past, the label of 'activist judges' has usually been wielded by conservatives against justices perceived to be….

Courting Disaster
This study reviews Pat obertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat obertson is the founder and chairperson of the Christian Broadcasting Network, founder of egent University, and The Center for Law and Justice. He and his wife have four children and thirteen grandchildren. They reside in Virginia Beach, Virginia. Using both legal and religious points-of-view, obertson attempts to prove that the current operation of the judicial system is dangerous to both the republican form of government and our individual freedoms. While seeking to strengthen his argument, the author has compiled fascinating facts, quotes, case decisions, and opinions of the Court (Mu-ller-Fahrenholz, 2007).

From this study, it is evident that obertson undertook a political expedition seeking to identify various issues that bedeviled the American society. However, he fails to provide solutions to the identified problems. This is an action conscious book.….


Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the debate, believing that the bill would be ruled unconstitutional by the Supreme Court in that it violated first amendment laws, among other things (Robertson 2004,-page 234). hen the voted for or signed the bill as the case may have been, they believed that the court would ultimately overrule the other branches by finding the proposed legislation unconstitutional based on the text of the law itself. The Supreme Court, however, did not agree with this perspective and ruled the law legal.….

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10 Pages
Term Paper

Government

Judicial Review No Doubt Exists

Words: 3458
Length: 10 Pages
Type: Term Paper

Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to…

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4 Pages
Term Paper

Business - Law

Judicial Review The Legacy of

Words: 1436
Length: 4 Pages
Type: Term Paper

As Treanor emphasizes, "hat appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had…

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1 Pages
Research Paper

Business - Law

Judicial Review in the United States Is

Words: 305
Length: 1 Pages
Type: Research Paper

Judicial Review in the United States is based on a premise that the actions of the legislative and the executive branches should be subject to review by the judiciary.…

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6 Pages
Thesis

Business - Law

Judicial Review of Ledbetter v

Words: 1671
Length: 6 Pages
Type: Thesis

..making each withdrawal liability payment when due under the Multiemployer Pension Plan Amendments Act 29 U.S.C. Section 1381(a)." (Nager, et al., 2006; citing Bay Area Laundry & Dry Cleaning…

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10 Pages
Term Paper

Government

Judicial Review the Most Important American Political

Words: 2917
Length: 10 Pages
Type: Term Paper

Judicial Review The most important American political institution is the U.S. Constitution. Of course, this is only a document, but it is also an institution in its own way, for…

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5 Pages
Term Paper

Government

Is Judicial Review Necessary to Protect Private Property Rights

Words: 1693
Length: 5 Pages
Type: Term Paper

Judicial Review: A Review of "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis" In "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," Daniel Cole…

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5 Pages
Term Paper

Business - Law

Judicial Review and Democracy the

Words: 1703
Length: 5 Pages
Type: Term Paper

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws…

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3 Pages
Essay

Business - Law

Judicial Appointments Bush's Judicial Appointments an Examination

Words: 1043
Length: 3 Pages
Type: Essay

Judicial Appointments Bush's Judicial Appointments An Examination of President George W. Bush's Judicial Appointments During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court…

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2 Pages
Essay

Business - Law

Judicial Appointments Constitution Qualifications for the U S

Words: 889
Length: 2 Pages
Type: Essay

Judicial Appointments Constitution Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment Which articles and sections deal with the qualifications…

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2 Pages
Article Review

Teaching

Judicial Appointments Communication Read-Only Participants A Case

Words: 574
Length: 2 Pages
Type: Article Review

Judicial Appointments Communication ead-Only Participants: A Case for Student Communication in Online Classes This article by Nagel, Blignaut, and Cronje' (2007) uses a mixed methods approach to investigate how online activity and…

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3 Pages
Term Paper

Business - Law

Legislative & Judicial Duties

Words: 1100
Length: 3 Pages
Type: Term Paper

Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA)…

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14 Pages
Assessment

Government

Judical Review of Indefinate Detention

Words: 4831
Length: 14 Pages
Type: Assessment

The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step…

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2 Pages
Article Review

Government

Judiciary Governing and Selection

Words: 674
Length: 2 Pages
Type: Article Review

Judicial eview Judiciary -governing and selection Judiciary: Article eview One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations…

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6 Pages
Book Review

Business - Law

Courting Disaster This Study Reviews Pat Robertson's

Words: 2315
Length: 6 Pages
Type: Book Review

Courting Disaster This study reviews Pat obertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat obertson is the founder and chairperson of…

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4 Pages
Book Review

Business - Law

Courting Disaster This Response Reviews

Words: 1272
Length: 4 Pages
Type: Book Review

Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed…

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