A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts. Judicial Restraint is the complete opposite of Judicial Activism. The judges should not introduce or instill their own personal or political beliefs into the law. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. 2.
The court case of Marbury v Madison happened when Marbury’s was withheld by Madison and ended up suing James. The Supreme Court looked over the case and established the practice now known as judicial review. This checks to see if state laws or acts of Congress are constitutional or not. Basically, when an act of legislature conflicts with the constitution, that act is automatically invalid. Separation of powers sets the US apart from other nations.
So why should law abiding citizens who follow the guidelines set by the government have to suffer with those who would commit crimes regardless of what the law says? The right to bear arms is an inalienable right that no one, not even the government, has the right to infringe upon. This right allows the people to protect themselves from a government that has the ability to become tyrannical. The right to bear arms is an inalienable right set in place by the Second Amendment to give the people a means of protection from the government. During the year of 1840, Supreme Court Justice Joseph Story said, “One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms.” This statement rings true even to this day, though many in this country would fail to realize that in countries where it is an offense to keep arms
Attorneys for Schenck challenged the constitutionality of the Espionage Act on First Amendment grounds. Freedom of Speech, Schenck's attorneys argued, guarantees the liberty of all Americans to voice their opinions about even the most sensitive political issues, as long as their speech does not incite immediate illegal action. Attorneys for the federal government argued that freedom of speech does not include the freedom to undermine the selective service system by casting aspersions upon the draft. In a 9–0 decision, the Supreme Court affirmed Schenck's conviction. Justice Oliver Wendell Holmes Jr. delivered the opinion.
Amendment’s 1-7 Research Paper The Constitution and all of it's amendments were created as a rule book or a guideline on what the government of the United States can do and what it can not do. It protects American citizens from abusive government actions against them that could violate basic rights like religion and freedom of speech. The first seven amendments are very important and give us many rights. The 1st Amendment to the US Constitution was passed by Congress on December 15, 1791 as part of the Bill of Rights and this amendment guarantees freedom of religion and the press. The amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
The constitution gives the Supreme Court the power to check, if necessary, the actions of the President and congress. It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution. The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution (Scholastic,
Let’s assume for the sake of argument it does protect an individual right, it is no more absolute than freedom of speech or any other right in the Constitution. No right is absolute; the government is always allowed to restrict the right if it can satisfy Constitutional strict scrutiny and show the restriction is narrowly tailored to promote a goal of compelling importance. Ironically, the very first federal appellate court in recent history to hold that there was an individual right to bear arms under the Second Amendment, the Fifth Circuit, then went on to nevertheless uphold the particular restriction that was being challenged! Mainly, that the guy was under a restraining order for domestic abuse and he wasn’t allowed to possess a gun. The court said the Second Amendment protects your right, but this regulation doesn’t violate your right.
Instead, in a series of decisions dating back to the late nineteenth century, the Court ruled that the Second Amendment protected either the states' right to maintain militias or the individual's right to bear arms “in the service of military”. But in 2008, the Court reversed course, holding that the amendment does protect a basic individual right to own and use guns for lawful purposes including self-defense. Supporters of gun rights and advocates of gun control will surely continue to debate the true meaning of the Second Amendment long into the future. The text of first amendment of The United States Constitution is “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and
The solutions were written in the Amendments in the Constitution of the United States written by the Philadelphia Convention . Here are six corresponding solutions to the six problems that they stated. Since the King wouldn’t let them pass their own laws, they wrote in the first Amendment that basically congress will not make any laws to limit the right of people to ask the government to change laws that they find harmful to them. In the third Amendment it says that, “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in the time of war, but in a manner to be prescribed by law”, which is basically saying that people don't have to house troops if they don't want to. Since the King was depriving them of benefits of Trial by Jury, they wrote in the fifth Amendment that no one will be put on trial for a serious crime unless a grand jury indicts
The Supreme Court's power of judicial review should be strictly limited by a constitutional amendment and except as authorized by Congress, no court of the United States or of any individual state shall have the power to review the constitutionality of statutes enacted by Congress or by state legislatures,(Tushnet, 2005). An example is Supreme Court Justices Stephen Breyer and Antonin Scalia, were each defined their personal philosophy to how they decide to hear cases. Justice Breyer believes the Constitution is a "living document" which adheres to the Founders' "values" but changes to society and technology must be considered. In contrast, Justice Scalia said he is not fit to judge the values of the current American public. By not