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Word Count: 431
HOOK Judicial Review is the Supreme Courts ability to reviewacts of Congress and decide if theyre unconstitutional andthereforeinvalid In 1803 Chief Justice John Marshall declaredin the case of Marbury v Madison that the Judiciary Act of 1789was unconstitutional giving the Court the authority to createlaw or Judicial Review However Judicial Review is not in theConstitution nor is the Supreme Court or any part of thejudicial branch given the authority to make law Because ofthis our government has become an oligarchy with the SupremeJustices at its head The use of Judicial Review by the SupremeCourt goes against what we stand for as Americans and what ourgovernment was designed to be because it is undemocratic itcreates an unequal separation of power within our governmentand is unconstitutionalThe act of Judicial Review is undemocratic due to theunelectedjudges and unequal representation of the people towhom it applies to Some would argue that because ourPresident elected by the people appoints the Justices theirpositions are indeed democratic However according to theConstitution1Richard C Remy The ConstitutionUnited States GovernmentDemocracy in Action 104thed New York Glencoe 2003-4 Pages99-110the Justices serve for life unless they retire or are removedfor bad behavior This means that future generations whichare constantly changing must obey the rulings and now lawsthese Judges make regardless to the fact they were chosen for adifferent time As stated by William J Brennan Jr an Americanjurist who served as an Associate Justice of the United StatesSupreme Court from 1956 to 1990 The Court is not a councilof Platonic guardians of deciding our most difficult andemotional questions according to the Justices own notions ofwhat is just or wise or politic To the extent that this is agovernment function at allit is the function of the peopleselected representatives2Peter Woll How the Supreme Court Arrives atDecisionsAmerican Government Readings and Cases 15thedNew York Pearson Longman 2004 Page 429We are now placing our countrys most difficult andcontroversial problems into the hands of people whom we neitherelected nor approved hoping that
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