Controversy has surrounded the courts’ power of judicial review since its establishment in 1803 in Marbury v. Madison. Briefly discuss two reasons why critics believe judicial review is a problem.
What will be an ideal response?
(1) Because most judges (including those in the U.S. Supreme Court) are not elected and the citizens do not have direct oversight of their decisions, judicial review is inherently nondemocratic. (2) The U.S. Constitution clearly establishes the three independent branches of government (administrative, executive, and judicial) and does not expressly establish the authority of the courts to review or oversee the decisions of the other two branches. Therefore judicial review violates the separation of powers expressly established in the Constitution. (3) The U.S. Constitution clearly delegates the power to establish laws to the legislative branch. By reviewing and interpreting those laws, the courts usurp this delegated power, again violating the U.S. Constitution.
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What will be an ideal response?
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