American Government

Who should have utmost countenance in deciding whether the sibylline passed truth on gay marriage is ConstitutionalIn considering this question , the centre of the framers of the constitution and the judicial history of constitutional law moldiness(prenominal) be examined . The next quotations from the Federalist s (Hamilton give the framework for the emotional raise of the framers of the constitution The purpose of the judicial branch is set asunder as The complete independence of the courts of nicety is peculiarly demand 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 genial can be pr eserved in normal no separatewise way than through the medium of the courts of justice , whose cartel it must be to declare all acts remote to the unambiguous tenor of the Constitution void The emphasis is added by the reason of this plan . 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 too consider the limitation of judicial forcefulness in the following quotations , again from The Federalist No . 78 , the courts were designed to be an talk terms luggage com set forthment between the mickle and the legislature , in , among other things , to keep the latter within the limits assigned to their authority and Nor does this mop up by any means suppose a transcendency of the judicial to the legislative power . It barely supposes that the power of the mountain is superior to both (Hamilton ) The emphasis is added by the author of this brief . These statemen ts by the framers of the constitution sugges! t that 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 potent 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 judge 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 unconstitutional . That is , the Supreme cost has an obligation to make sure that the decisions are based on operose constitutional principles , and to overturn laws arising from the political process solely when it is pinch that there has been a clear mistake On the other hand , in the Federalist No . 51 , it is argued that It is of enormous splendor in a republic not only to withstand the society against the oppression of its rulers but to guard one part of the society against the injustice of the other part . If a majority be united by a vernacular pastime , the rights of the minority will be insecure (Madison regrettably , there appears to be no accepted judicial , legislative or...If you require to get a full essay, order it on our website: OrderCustomPaper.com

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