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Explain why the origins and legitimacy of judicial review are often called into question.

04 / 02 / 2019 Essays

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Two different discussions, both should be in APA format and 250 words each.

Discussion 1

The federal government of the United States was constructed using the directions provided in the U.S. Constitution. Our Founding Fathers had the wisdom and foresight to create a very flexible and intelligently structured government framework that has endured. The entire American political system is based on four constitutionally derived pillars: a national government; separation of powers; federalism; and individual rights. Briefly describe each pillar, how it interacts with the other three pillars, and then provide real-world examples of how each pillar supports our government. How does the U.S. Constitution establish checks and balances and federalism using these pillars? Please explain the reasoning behind your response.

 

Discussion 2

Our judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter on disputes among states and between the states and the federal government. One important arbitration tool utilized by the judicial branch is judicial review. Judicial review is one of the U.S. Constitution’s most provocative features as it plays an important role in shaping the laws that impact our society. For this discussion, complete the following:

Define judicial review.

  1. Explain why the origins and legitimacy of judicial review are often called into question.
  2. Discuss whether the framers of the Constitution intended for the judiciary to have this role in the policy making process.
  3. Share your opinion on judicial review. Explain why you support or do not support judicial review.

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