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By: Adam Kimball
Judicial Review is the power given to Supreme court justices in which a judge
has the power to reason whether a law is unconstitutional or not. Chief Justice
John Marshall initiated the Supreme Court’s right to translate the
Constitution in 1803 following the case of Marbury Vs. Madison, in which
he declared the Supreme Court as the sole interpreters of Constitutional
law. This is one of the sole purposes of the Supreme Court of the United
States. Many Historical thinkers would find some difficulty in imagining
a government set up to limit the power of itself,but others would argue that
this form of government best works for the people, and not against them.
The treatment of the Constitution by the Supreme Court as a "living" document
that is able to be translated differently over time for the good of the people
has as many skeptics as it does supporters. But, if we do not allow the Supreme
Court to translate the Constitution who then, should the people chose to
do such an important job.
If we were to look back at the ideas and thoughts of some of the greatest
political thinkers of our time, we would find that individuals such as Plato,
Niccolo Machiavelli, and John Locke, would share extremely different views
as to whether or not Judicial review, and the Supreme Court as a whole, would
be successful in their ideal government situations.
One of the earliest political philosophers Plato, would find our present
day governmental setup of the Supreme Court to be the ideal group to deal
with the United States’ situation. Plato felt that government should
be run by enlightened philosopher kings, that would rule for the good of
the people, and not themselves. We today see the Supreme Court as a collection
of the most "enlightened" thinkers of our day. They are chosen to make moral
decisions about laws made by others in our society, and decide whether or
not the laws we make are in the best interest of our nation as a whole. Plato
knew that within any political State their would be corruption, to stop the
corruption Plato felt that the philosopher kings would best rule because
they would not indulge themselves in a corrupt society. They only believed
in the truth, and justice that government is supposed to protect its people
with.
Although Plato would not totally agree with the Democratic structure of our
government, I believe that he would chose for our society, a state that is
ruled by a similar group to that of our Supreme Court because, the members
of the Supreme Court are chosen because of their ability to make sensible,
moral decisions about issues that may contradict our Constitution.
Niccolo Machiavelli on the other hand, would find a great many problems with
giving the Power to translate Constitutional law to anyone other than the
President of the United States. Machiavelli would also totally disagree with
the idea of having anyone make decisions about laws because they are morally untitled
Affirmative Action as defined by the Meriam Webster's Dictionary is an active
effort to improve the employment or educational opportunities of members
of minority groups or women.
In 1961 John F.Kennedy issued an executive order calling for Affirmat untitled untitled
“Actions which otherwise would be unconstitutional, could become lawful
if undertaken for the purpose of preserving the Constitution and the
Nation.” The idea that certain actions are not illegal if used to preserve
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