JUD- Judicial Review and Policy Making Lesson

Judicial Review and Policy Making Lesson

The role of the judicial branch is to interpret the laws. As Chief Justice of the Supreme Court, John Marshall further strengthened the power of the federal court in Marbury v. Madison. Judicial review became the power to strike down laws and acts of the Executive Branch that violate the US Constitution.

There have been times when the Supreme Court has gone beyond its basic role of interpreting law and using the power of judicial review. When the Court issues directives toward one of the other branches through its decision, this is known as judicial activism. Supporters of judicial activism belief the legislatures are too slow in giving important rights and protections to people. This is a liberal belief that the courts are acting to make sure the majority never abuses the rights of the minority.

On the other hand, many conservatives argue that judicial activism is a violation of separation of powers. For this reason they advocate the use of judicial restraint. They argue that the courts are only given the power to rule on the constitutionality of a law and that only Congress can make laws.

The following cases are examples of Judicial Activism and the result of the Warren Court's decisions. Chief Justice Earl Warren was a famous Supreme Court activist from 1953-1969.

CASE	ACTIVISM
Brown V. Board of Education, Topeka Kansas - 1954	Civil Rights
Mapp v. Ohio - 1961	Search and Seizure
Gideon V. Wainwright - 1963	Right To Counsel
Escobedo V. Illinois- 1964	Right To Counsel
Miranda V. Arizona - 1966	Rights of the Accused
Engle V. Vitale - 1962	Separation of Church and State
Abbington V.Schempp - 1963	Separation of Church and State
Tinker V.Des Moines - 1969	Symbolic Speech
Katz V. United States - 1961	Search and Seizure (Wiretaps)

 

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