POLI 145C Interntnl Reltn After Cold War

POLI 145C Interntnl Reltn After Cold War

Final Essay: Group 2: Question 4 In this essay, I will briefly explain the theory behind and the derivation of the power of judicial review. I will then analyze the decisions in Griswold v. Connecticut, Loving v. Virginia, Craig v. Boren, District of Columbia v. Heller, and Citizens United v. Federal Election Commission, posing an argument about whether each decision was judicial activism or judicial restraint, and about whether or not it was good for the nation. Just before leaving office in 1801, John Adams made a number of new federal judge appointments, but outgoing Secretary of state John Marshall did not deliver some of these commissions. 1 Once James Madison took over as Secretary of State, he refused to deliver at least five commissions: one of which was that of appointee William Marbury. 2 Marbury went straight to the Supreme Court to force Madison to deliver his commission, as the Judiciary Act of 1789 gave the Supreme Court original jurisdiction over writs of mandamus. 3 In a showcase of political genius, newly appointed Chief Justice John Marshall acknowledged that Marbury had a right to his commission, but stated that the Court could not offer him redress because the Judiciary Act of 1789 was unconstitutional, and therefore the Court could not hear the case. 4 Through his clever opinion Marshall was able to symbolically support his fellow federalist Marbury while avoiding conflict with the new administration. The significant product of this decision was the enunciation of the Court’s power to declare laws unconstitutional, known as judicial review. There are arguments both for and against the power of judicial review. Some argue that it is antidemocratic because it allows the Court, an unelected body, to invalidate an act of Congress, a body elected by the people. 5 With that being said, there is evidence that the Framers
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Bakala 2 intended federal courts to have the power of judicial review. 6 “In The Federalist Alexander Hamilton argued, “one branch of government must safeguard the constitution and that the courts were best suited for that task.” 7 He stated that because the judiciary had power over neither the sword nor the purse, the power of judicial review would help preserve checks and balances. 8 He claimed that this power would not be abused because the Court’s judiciary enforcement power is based in the will of the people. 9 In Griswold v. Connecticut, Justice Douglas delivered the opinion of the Court. The Court reversed the decision of the Connecticut Supreme Court, stating that the statute is “repulsive to the notions of privacy surrounding the marriage relationship” that are “created by several fundamental constitutional guarantees.” 10 Jus………………..

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