Tuesday, March 26, 2013

Learning Log—Judicial branch



The courts are in place for justice. They punish people for their crimes and settle disputes between people or parties. The Supreme Court plays a major role in which laws we follow because they interpret the constitution and have the power of judicial review. (Judicial review- being able to strike down any laws or executive actions that are unconstitutional). The Framers decided that the courts will get their independence from other branches by giving federal judges lifetime terms. They did not touch on the issue of judicial review because they couldn't agree whether or not the Supreme Court should have that power, considering many wanted them to be the weakest branch. The only reason it gained power was because John Marshall became the chief Justice and a Mr. Marbury was cheated out of his job as a judge. Marbury took the case to court (Marbury v Madison). The Supreme Court thought that Marbury should get his job but they believed that if that was their decision, then the president would ignore their ruling and undermined them. They decided that Marbury deserved his commission but that they could not give him his job because that was unconstitutional. It was the first of many times that they declared something unconstitutional throughout the years and in the decision Marshall established their right to judicial review. What I don’t understand is why everyone listened to them and let them declare that they have the power to say if a law is unconstitutional, if they were supposed to be so weak and the constitution didn't touch on the power? It doesn't make sense; they won’t give Marbury his job because they fear the president will undermine them by ignoring the decision, and then they flat out declared something unconstitutional for the first time and gave themselves the power of judicial review.  Did they also declare that they had the final decision, and what they say goes, in Marbury v Madison?  If that rule was already put into place before the case then there would not be the issue of questioning if the president would honor their decision. The President may not like it and try to put it off but there would be no way around not giving Marbury his job.          

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