Wednesday, March 09, 2005

wanna help me with an assignment?

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By etranz

okay, so i have to write this essay for my American Constitutional Development class, and i'm having a hard time figuring out how to answer the question. it's supposed to be a reflection paper, where we discuss our point of view on the question. so here's the topic:

"What do you think that American civil liberties/civil rights would look like in a system without judicial review? Why?"

For those who don't remember their government basics, judicial review is the power of the courts (state and federal, and especially the Supreme Court) to declare legislation or governmental actions unconstitutional.

Generally speaking, judicial review has expanded and protected civil rights and civil liberties, particularly through upholding the Bill of Rights and applying it to the states via the 14th Amendment. And it's judicial review overturns laws that impose upon civil right & liberties. For instance, if the damn Patriot Act ever gets thrown out, it'll be because the Supreme Court rules that it's unconstitutional. But beyond that, I can't think of too much more to say. I think judicial review protects individuals from unwarranted government intrusion and disenfranchisement. I think it's valuable and necessary. But maybe I'm just not thinking out of the box enough to see any other side to the argument.

What do yall think? Don't be embarrassed, now, I love getting comments, and I'm even soliciting them, so please chime in below!

2 Comments:

At 3/09/2005 11:10 PM, Anonymous Anonymous said...

I think that the judiciary protects not only individual rights, but the rights of whole groups that are in the minority, by helping to guard against the tyranny of the majority that could exist in a system with only elected legislative and executive branches.

 
At 3/10/2005 12:38 AM, Anonymous Paul said...

Without judicial review, civil rights wouldn't exist anymore. A government without sufficient checks and balances is an unstable situation. Sooner or later an administration would grab too much power, too quickly, and the only remedy would be revolution.

I just hope judicial review will prove to be enough. Revolutions are messy.

 

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