The Honorable Ramona Salvarez
◦How is your role in government different from an elected official?
As far as my role, there is no difference. The only aspect about my career that differs from the other elected officials is that I was appointed by a democratic president.
◦How is it the same?
Depending on the levels of experience we all do something pertaining to judging.
◦Do you think judges should be elected? Explain why or why not.
No, not all citizens understand the concept of judging and what is necessary to properly elect a judge. It is better that it is determined by a person who attains a high position.
◦What is judicial review?
Judicial review is when a judge, like me, is given the authority to review a law or an act to then decide whether
Ramona Salvarez: I do believe that judges should be elected. Most people are not designed to be judges, it's not their cup of tea. That's why I think it's best for someone to know what they're doing and can actually
The judicial branch are decreed by the president and approved by the Senate. The Supreme Courts, Special Courts, and court support organizations are what make up the judicial branch. Article III of the Constitution gave the judicial branch the Supreme Court. The Supreme Court is the highest court in the country. The court finds out the meaning of the laws, how they are used, and if it goes against the Constitution. The judicial review uses checks and balances on the legislative and executive branches. This branch is an implied power.
I completely agree with what you are saying I think that we do need to be able to vote for a judge as we do with an official. Do you think you could explain to some of our readers what judicial review is?
a. Define judicial review. Judicial review is a power held in the Supreme Court to declare legislation, laws, bills, acts, and executive orders unconstitutional.
Judicial review is the power of a court to audit a law or an official demonstration of an administration representative or specialist;
The power of judicial review says that judges or people of the court have jurisdiction to decide whether a law or any others acts by government is constitutional. Judicial review started back when John Adams was serving his term as president. It applied to the Marbury v. Madison case in 1803. This case came about because at the end of John Adams he appointed 42 new justices of peace, but the new President Thomas Jefferson overlooked the commissions and decided not to send out the letters to the appointed justices. This led to one of the Federalist appointees, William Marbury to file a lawsuit against Thomas Jefferson’s secretary of state. Jefferson’s secretary of state at the time was James Madison. Marbury wanted the documents delivered so
He fought against oversized business as the “trust buster.” He fought for peace in the Russo-Japanese War and earned a Nobel Prize for it. He fought for government to expand its role outside of its traditional limits.
-The power of the judicial review is “A court’s power to review statutes to decide if they conform to the U.S. or state constitutions”. It is important to our legal system to have the power of the judicial review as a tool to the disposal of the courts when conflicts arise within the law or constitution.
In 1801 the Supreme Court ruled over the case Marbury v. Madison and determined that the Judiciary Act of 1789 was unconstitutional. Thus, starting the process that is called judicial review. Judicial review is the power of the Supreme Court to review a legislative act and determine is constitutionality. There are some good and bad aspects of judicial review, a pro being that it checks congress and a con being that the Supreme Court could abuse that power.
Again “judicial review is the power of a court to review the actions of executive or legislative bodies to determine whether the action is consistent with statue, a treaty or the U.S. Constitution” (Cobb, 2007). Supporters like Blackstone and Hamilton favored this because it protects individuals from other branches becoming too powerful. The Judiciary Act was passed in 1789 and consist of 37 sections for the lower federal courts and their details and consist of judicial review (The Judiciary Act 1789). Marbury v. Madison (1803) was The Supreme Court’s first time judicial review was used to show that the act of Congress was unconstitutional. (Marbury v. Madison, 1803).
Judicial Review is the power of the courts to review the acts of the other branches of government and states to declare whether or not their acts are unconstitutional. The roots of judicial review lie in the separation of powers principle which was institutionalized in the 17th century, however, it wasn’t until a century later that the concept of judicial review arose from it. Through his writing of the 78th Federalist Paper, Alexander Hamilton was the first individual to propose the idea that the Constitution should in fact be enforced amongst the legislatures. Unfortunately, the concept of judicial review was not written into the Constitution, despite the underlying support behind the concept Hamilton provided. Alternately, the paradigm
Judicial review was the result of Marbury v. Madison, which took place in 1803. Judicial review is a check on the Executive and Legislative branches. It is the idea that the Judicial branch has the right to review actions of the other branches. It allows the Judicial branch to take
Primarily, judicial review consists of four main components.5 The first dynamic of judicial review is that the Supreme Court can reject any federal, presidential or congressional, act or law which is deemed to be unconstitutional centred upon the judiciary’s interpretation of the United States Constitution.6 For instance, the Supreme Court can void a presidential-line item veto, i.e. the President’s ability to erase part of a bill passed by the legislature involving taxation or spending.7 In addition, the second factor of judicial review is the authority of the Supreme Court to strike down any state act (gubernatorial) or law (state legislature), which is judged as unconstitutional based, again, upon the Court’s interpretation of the United States Constitution.8 One such example of this power being exercised is when the Supreme Court annulled California’s attempt to enforce congressional term limits.9
The Judicial branch is in charge of reviewing decisions and understanding federal laws. It is in charge of explaining the laws and having the power to decide if the laws are constitutional (Brand). The Judicial Branch is different from the other branches because, the members are appointed by the president and then approved by the Senate. This branch provides a comfort for the citizens to understand that the branches are dedicated to maintain equality and make sure they are fair laws. Even though, the judicial branch doesn’t have much power, it is just as important as the other two branches.