American Government

Who should have last countenance in deciding whether the of late passed truth on gay marriage is ConstitutionalIn considering this question , the rivet of the framers of the constitution and the legal history of constitutional law moldiness(prenominal) be examined . The avocation quotations from the Federalist s (Hamilton give the framework for the emotional assert of the framers of the constitution The purpose of the judicial branch is set parenthesis as The complete independence of the courts of nicety is peculiarly unavoidableness in a limited Constitution . By a limited Constitution , I understand unity which br contains certain specified exceptions to the legislative conditionity such , for suit , as that it shall pass no bills of attainder , no ex-post-facto laws , and the manage . Limitations of this dive rsity can be preserved in normal no some separate way than through the medium of the courts of justice , whose trade it must be to declare all acts remote to the sheer tenor of the Constitution void The emphasis is added by the agent of this instruct . This statement by the framers suggests the judicial outgrowth has the final say in the interpretation of constitutionality of the law . til now , the framers in addition consider the limitation of judicial forcefulness in the following quotations , again from The Federalist No . 78 , the courts were designed to be an middling torso between the plurality and the legislature , in , among other things , to keep the latter within the limits assigned to their authority and Nor does this finish by any means suppose a high quality of the judicial to the legislative power . It barely supposes that the power of the spate is superior to both (Hamilton ) The emphasis is added by the author of this brief . These statements b y the framers of the constitution suggest th! at popular whimsy of the people is an ultimate authority .

Thus , on that point whitethorn be some arguments that arise from such considerations that a law passed by congress may be constitutionally well-grounded if it has industrial-strength popular support . Alexander Bickel has examined this dilemma and has conclude that the judicial review process results in a countermajoritarian hassle (BickelBickel argues that because decide are not take and congress is an elected body representing the people , then the judicial arm must be extremely cautious in determining that laws passed by the legislative arm are unc onstitutional . That is , the Supreme cost has an tariff to make sure that the decisions are based on warm constitutional principles , and to overturn laws arising from the political process solely when it is pee-pee that there has been a clear mistake On the other hand , in the Federalist No . 51 , it is argued that It is of enormous immensity in a republic not only to book the society against the oppression of its rulers but to guard one fragment of the society against the injustice of the other part . If a absolute majority be united by a vernacular bear on , the rights of the minority will be insecure (Madison regrettably , there appears to be no accepted judicial , legislative or...If you essential to get a full essay, order it on our website: BestEssayCheap.com

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