Judicial Review Pros And Cons

1277 Words6 Pages
In this essay, first the arguments of the Federalist Paper and the Supreme ruling of Marbury v. Madison will be discussed. Then these two sources will be compared and the similarity and difference will be clarified. Finally, the necessity of judicial review in the checks and balance system and its importance will be proved. One of the most important features of the jurisdiction, Hamilton stated, was the complete independence of the branch from the other two branches. The tenure in which the judges hold during good behavior is their biggest protection and creates the separation from other branches. Their life tenure protects them from the political pressure and invasions by the executive and legislative branch. The judicial branch has by far…show more content…
Alexander Hamilton thought that the judiciary review was the important factor of the checks and balance system and necessary citadel for protecting the public justice. He thinks the general liberty is the most important thing when considering the constitutional framework. Hamilton disagrees with the legislative branch exceeding its power as despotism but accepts the power of jurisdiction as a way to protect people, which is the more important. However, for Chief Justice Marshall, the judicial review was not a way to protect the people. It was a tool for political movements and to gain authority of the judicial branch. The establishment of the judicial review was successful in showing the supremacy of judicial branch over legislative branch and also established its authoritative status in the federal government. Therefore, their purpose of the judiciary review is different in these…show more content…
In order for this checks and balances to be put in practice, the judicial branch must have some important role as surveillance. This applies to the fact that judicial review can stop the legislative branch from exceeding its power. Not only the legislative branch but also, the executive branch is under the judicial watch. The court can also claim unconstitutional to the executive acts that are judged oppressive. It is their job to declare void acts by other branches violating the Constitution. Second, as Alexander Hamilton has said in the Federalist Paper, the judiciary review should act as barrier between the people and the Congress. The main goal of the government is to protect the people. The Declaration of Independence also states the government is for the people. The general liberty of the people must not be in danger especially of the government power. Therefore, the judicial review plays one of the most important roles among the government even though their power might seem weak as Alexander Hamilton says. Judicial review as way of surveillance over legislature and executive branch and as protection of the people from political threats is the main factors for the necessity in the checks and balances system. Moreover, the importance of the judicial review can be proved by the fact that the judicial review establishing the
Open Document