Last Updated 07 Jul 2020

The Responsibility of Judicial Reviews

Category Responsibility
Essay type Review
Words 1088 (4 pages)
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Thought out time judicial review's responsibility had been to ensure there is no conflate to the "supreme law of the land" (The constitution) and it's democratic values. In Order to make sure that the system does not get influence from the elected officials. Our founding fathers have deliberately put in place judicial review in to the system. But in turn the judicial review itself is not democratic. Because the nine "independent " black robe elites have bias, and can not be remove. A Supreme Court justice is appointed by the president and must be confirmed by the senate.

When the President appoints a court justice he usually appointed someone who is highly educated and have a close ideology as he, because he wants to influence the courts. But soon after they are appointed they loss ties with any political influence. Because they're appointed for life. No matter how bad of job they are doing, they are protected by the constitution. And can only be impeach if they have commended high crimes such as treason and bribery. In our history only five federal court judges have ever been impeached. In order for the courts to judge the case without any favorites, there is no room for any bias.

If the court have bias they well not be able to give a good interpretation of the constitution. Insested courts often give inference on the cases. And putting the case in there own perspective. During 1933-1937 the Roosevelt's presidency (D&Z chapter 13 Page 347) the courts still had a philosophy of rugged individualism. The courts thou out the national industrial recovery administration, railroad retirement act, national farm mortgage act, agricultural adjustment act, And denied the federal government the power to regulate manufacturing, petroleum, mining, agriculture, and labor conditions.

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Only after National labor relations board V. Jones & laughlin Steel Corporation. How can the court say one thing and does another? The court says, "no person in the country should be denied equal protection of the law". That give the blacks the right to vote, to attend integrated schools, to receive equal justice in the courts, and give congress the power to protect blacks from discrimination in public accommodations, employment, voting, and housing. But in (D&Z page 348) "Dennis V, United States the courts permitted the prosecution of communists for merely "advocating" the overthrow of the government and in communist government party.

U. S. A V. Subversive activities control board it upheld the right to require registration of "subversive" organizations. It permitted congressional committees to interrogate citizens about their political view and upheld loyalty oaths and loyalty-security programs How can people say that courts are always right? And above all they are unbiased? That can not be the truth. As human beings we all have ideas and bias because at a very young age we learned and developed bias from our parents and friends.

Some say that you could change the bias and idea if you get an good education you'll be able to have a higher tolerate but education only could change you so much. As beings we could only tolerate so much. When in crises and the issues are against us, we'll thou tolerate out to the window and take some form of action to suppress the opponent. That applies to all the mass, the elites, and even the courts. Then how can judicial reviews be democratic? how did the outcome of the American civil war impact modern America? American had not all way been an industrialize nation or a major player in the international market.

In fact prior to the civil war American was this back ward predominate cotton-growing base south with an emerging industrializing north-east and a west that is the land of free farmers. Having a Combination of capitalism and feudalism in the cotton-growing south, where there are the halves (master) and the have-nots (slaves). The slaves do not own anything and are commended to the masters. This system is similar to feudalism, where the lords and servants have a close tied with each other.

The southerner justerful it by saying:" it is natural form of human society, beneficial both to the slave and the master. the emerging industrializing northeast had an ideology of a more democratic and capitalistic idea. Last, but not the lease, the west of the free, their ideology are very close to the industrializing northeast. The ending of the war gave the north the power to unite the union as a whole. Because of a rapid growth in the textile industry the north was in need of laborers. The demand for laborers has sprouted emerging of a middle class. This enables the slaves to have the mobility to move up on the social structure. We must give credit to the middle class.

Because they were the ones that really wanted to have the up bond mobility. With the help of education they created technologic advancements. That had created a growing industry with importing and exporting of goods. With a rapid growth of the industries the union was in shortage of laborers, and never before had the union depend more on the free slaves. Many of the free slaves have migrated from the south to the northeast and west creating their own communities. In order for the west to move their goods to the northeast and south, a good and suffusion transportation system is needed.

In many of the modern nation they all have one thing in common with each other. They have a effusion transportation system, if you're want to be a major player you must have an mean of moving your products in a fast effusion and cheap way. The out come of the civil war is a chain reaction. By having the north wining the war, it brought down the last of the feudal system to its keens. The nation evolves from capitalism and feudalism to liberalism. From the liberalism it is destine that we are going to be come an industrialize nation.

Because the north have won and the north is an emerging industrializing north. From an emergent-fueled nation demanded more labors. The once that don't have job now have. The ones that did not have an opportunity to have a wage-earning job now do. It gives the next generation an education. From the demanded labors the economy have sprout an never before seen middle class. Because of the education and the opportunity it go technologic advancement. By have all though things in the new and reform government it give everyone mobility. The impact comes in differn forms shape and sizes.

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The Responsibility of Judicial Reviews. (2018, Jun 21). Retrieved from https://phdessay.com/the-responsibility-of-judicial-reviews/

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