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Judicial Branch

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Since the establishment of our government the Judiciary branch has been intended to be the passive or least dangerous of the three branches; this can be seen in the Federalist Papers, said by Alexander Hamilton, “The Judiciary, on the contrary, has no influence over either the sword or the purse” (Woll 373). This was soon thwarted when the power of judicial review came into play. Judicial review gave the Supreme Court the power it needed to be as influential and powerful as the other two branches. Throughout history judicial has been key in many controversial and important court case, beginning with Marbury vs. Madison, which established judicial review, to many other case including McCulloch vs. Maryland, Plessy vs. Ferguson, Roe vs. Wade, …show more content…

Judicial review is the ability of the Supreme Court to find executive orders and legislative acts unlawful according to the Constitution. It also has the ability to find statutory laws unconstitutional, which are state or local laws. The power of judicial review can be a great thing, but it can only evaluate whether laws and acts are unconstitutional, if they are brought to the courts attention; therefore laws can be unconstitutional as long as they are not brought to the courts attention. The power of judicial review seems like a pretty power thing, so why did Alexander Hamilton state that the judiciary has no power over the other two branches? This is because judicial review is not states in the constitution. In the constitution it states that there is judiciary power, but says nothing specifically about judicial review; it is not until 1803 that judicial review comes into …show more content…

The first case Dred Scott vs. Sanford was in 1857, when slavery of African Americans was still socially acceptable and common practice. A slave, Dred Scott, who had made it to a territory claimed that since slavery was illegal he was a free slave. Under a relatively new Chief Justice Roger Taney, he found that since slaves were not American citizens and they could not become one, so they could not sue in courts either. It also ruled that the federal government could not ban slavery and that the Missouri compromise, which banned slavery in northern territories was unconstitutional. During this time tensions were already quite high with the impending Civil War on the horizon but this was one of the last straws. This would be the first of many civil rights cases, and as you can see with how things are today some things have changed. The next influential case for civil rights would not come until after the civil war in 1896 in Plessy vs. Ferguson, at this time African Americans are no longer slaves and are citizens, but there is still very harsh treatment, especially in the south. Plessy vs. Ferguson is infamous for the famous clause “Separate but equal”. In Louisiana on the railroads, they required that blacks and whites sit on separate trains, but Adolf Plessy, felt that this violated the fourteenth amendment under the equal protection clause, but the clause only guarantees legal

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