government essay

Essay #1: GOVT 230 6 Access and read Federalist #78 from the URL below: http://thomas.loc.gov/home/histdox/fed_78.html Judicial Review is the power of the U.S. Supreme Court to declare laws of the state governments and actions of the state governments (as well as the national government) as unconstitutional. Judicial review allows the U.S. Supreme Court to determine what is legal and what is not legal based on the Supreme Court’s interpretation of The U.S. Constitution, therefore, empowering the Supreme Court to order states to abide by the decisions of the Supreme Court. The U.S. Supreme Court has used its power of judic ial review to weaken state governments, as well as the other branches of the national government. For example, state governments, including Texas, refused to abide by the Affordable Care Act [Obamacare] and the Supreme Court ordered them to do so. State’s rights advocates believe that states are equal partners in our federal system of government and that states were not intended to be subservient to the national government. State’s rights advocates refer to Article III of The U.S. Constitution and argue that there isn’t anything written in The U.S. Constitution giving the U.S. Supreme Court the power of judicial review. Since it is not written in the U.S. Constitution, state’s rights advocates argue that the Founding Fathers never intended for the U.S. Supreme Court have the power of judicial review over the states. Supporters of the U.S. Supreme Court having the power of judicial review bring up what was written in Federalist #78 by Alexander Hamilton, one of the Founding Fathers. Since the Federalis t Papers were written by the Founding Fathers to describe the makeup of the new government under the U.S. Constitution, supporters of the U.S. Supreme Court having the power of judicial review argue that Federalist #78 provides many examples that the Found ing Fathers supported the U.S. Supreme Court having the power of Judicial review. Access and read Federalist #78 from the URL I provided. Hamilton provides approximately 30 examples in Federalist #78 supporting the argument that the Supreme Court will hav e the power of judicial review. You are required to provide ALL of these examples. After reading Federalist #78, provide Hamilton’s examples from the document that supports the argument that the Founding Fathers did indeed intend for the Supreme Court to h ave that power. Again, you must provide material from Federalist #78 that specifically shows that the author of Federalist #78 did indeed intend for the Supreme Court to have the power of judicial review; make sure that you describe how each one of those s tatements justifies the assumption that the Founders intended for the Supreme Court to have judicial review, don’t just provide the statements from the Federalist paper. Conclude your essay with your opinion, and why you have that opinion, about the benefi ts and problems with the Court having this power over state governments. Do NOT write in your response about the justices having life tenure/good behavior or that they are nominated by the President and confirmed by the Senate; neither of these concepts h ave anything to do with judicial review. To complete this essay, you must read chapter 1 and chapter 2 in the required textbook AND you must also go to the following website and read the article provided at the site: http://thomas.loc.gov/home/histdox/fed _78.html On this and every other essay, it is imperative that you do not cut and paste anything or write anything from the article, textbook, or any other source. Complete the essay based on the information provided in the article and required textbook i n your own words and your individual understanding of the material . You MUST complete the essay within an essay/paragraph format; otherwise, points will be deducted. Do not list answers in bullet format. Please be aware that you can only use the article I require you to read and the required textbook in the completion of this essay. If you use ANY other resource, you will earn zero points. The Turnitin Program will detect any form of plagiarism. Make sure you review what plagiarism is from the link in your Moodle Homepage. Please review the Essay Assignment Format page and your Course Outline to make sure you are following the requirements related to the essay assignments. You need to devote time to this Essay Assignment. Do not wait until the last few days of its availability period to complete the work. This essay is worth 100 points.

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