what do u think ...?

Question

Some people argue that judicial review allows the courts to overrule the will of the people as expressed through their legislatures. Do you agree?

Answer 1

No. That is the point of the courts. The courts are there to make sure that the Legislature is not violating the rights of a person (especially those who do not share the "will of the people") and to ensure that whatever law is created by the Legislature is Constitutional. Checks and balances.

Answer 2

Judicial review allows for the judicial system to check the legislative and executive branch. Its a part of the government's checks and balances. By the same token, the executive branch can nominate judges they want to advance their agenda and the legislative branch can approve or disapprove or the nomination.

For these people who say that we have activist judges on the bench is ridiculous. Judges are chosen to interpret the law as it is written. Some my have more conservative views than others, but would rather a judge who only sits on the bench and says, " Yep, the police the right to arrest you. They told the law says that you were wrong and, since I don't have my own opinion or interpretation, I have to agree." It would kind of make the judicial system useless.

Answer 3

Judicial review ensures that our laws and the enforcement of our laws is consistent and fair. If Congress, the voice of the people, passed a law which prohibited protests on public property, judicial review would be used to show that this is not consistent with the First Amendment of the United States Constitution and therefore is unenforceable.

Answer 4

sure...as long as the court in question is conservative...liberal left coast courts shouldnt be allowed to rule on dog ownership cases