This is a 2 part assignment the first one is to write a seminar post with question at the end 150-250 words long bout any one topic from chapter 1 that is attached (just like the 4 seminar post with questions at the end that need to be answered),
second is to answer 4 of the questions and cite your sources MLA style with 150 words for each questions, questions are below and please answer in 1…2…3…4… format and not essay
- Judicial review can be a very powerful tool in the courts. With that being said, there is nothing about judicial review in the Constitution. There have been several issues that have come up from the way the power of judicial review is actually used. A “number of times it has invoked the power to strike law and the significance of those decisions.” (Epstein & Walker, 2013) Since 1790 judicial review has stuck down almost 1500 government acts. While this number is also it is minuscule compared to the 60,000 laws that have been passed. “Important as judicial review has been, it has not given the Court anything like a dominant position in the national government.” (Epstein & Walker, 2013) It also appears that it doesn’t seem to be very significant. There have been many controversies over with judicial review should be used or not and there are many reasons to each side.
What are some of the major controversies over judicial review?
2. The literature discusses the amount of cases that the Supreme Court Justices hear and decide in a year which is less than 1 percent of those received (Epstein & Walker, 2013). However, the writers also note the drastic rise “petitions for reviews had risen to 6,302-nearly nine times greater than in 1930” (Epstein & Walker, 2013). There are four ways discussed of how cases make it to the court but the clear majority of this cases have already been decided upon by lower courts. The Judiciary Act of 1789 established the U.S. Supreme court and determined that there should be six which consisted of a chief justice and five associates. Furthermore, this act left it to Congress to ultimately decide how many justices should make up the Supreme Court which currently we have nine. Nine individuals that have a lifetime job to ensure they were protected from the agendas of others.Our society is completely different compared to the era of our framers. The changes that we encounter today are predominately due to the advancement of technology or the acceptance of social changes such as same sex marriages. Taking in account, that our highest court has nine people to decipher, review and decide, the low amount of cases reviewed by these individuals and the changes of our society, are the methods in which the U.S. Supreme Court utilizing antiquated? If so what recommendations could be made while maintaining their impartiality?
3. Judicial Review is the power to strike down government actions that are not compatible with the constitution reserved by the courts. Even though it seems that the framers intended for federal courts to have the authority to do so, judicial review is not mentioned anywhere in the constitution. Early on in U.S. history, the Supreme Court has had to go and claim this authority for its self. Following the tumultuous election of 1800, the Federalist Party, which had lost control of the executive and legislative branches, made a grab for the judicial branch of the government. To do this, the lame duck congress passed the Circuit Courts Act of 1801 and the incumbent president, John Adams issued over two hundred nominations for judges and support staff. These nominations, and their issuance, continued right up until the new President took office. In the confusion several appointments were missed by the outgoing Secretary of State, John Marshal, himself having been appointed to the Supreme Court. The incoming president ordered his new Secretary of State, James Madison, to not issue the commissions for judgeship that had been missed in the confusion. Marbury, one of the nominations, sued the new Secretary of State, to make him issue him his commission. The resulting Supreme Court case, Marbury v. Madison, is most commonly recognized as the case that established judicial review authority for the Supreme Court. What else did Marbury v. Madison establish for the Supreme Court beyond the power of Judicial Review and why was this case so important to it?
4. While reading through this week’s readings I have found myself asking so many questions it was very challenging to focus on just one for discussion, however what drew my attention to Religion: Exercise and Establishment Chapter 4 (pg.93). According to the text the united States is one of the world’s more religious nations. More than 80% of Americans report an affiliation with a particular faith tradition, and some 40% attend a place of worship one or more times a week, and almost 60% say that they engage in prayer daily. By contrast, only 5 % of American reject the existence of a God. Given this data religion plays a major role in the lives of most Americans and significantly influences our culture and our politics.(pg.93 Epstein, Lee., Walker, Thomas G. (2013)The first two guarantees in the First Amendment of the Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (pg.94 Epstein, Lee., Walker, Thomas G. (2013)How of the beliefs of our forefathers and framers of this nation influenced politics, and the growth of religious freedom today
