Introductory
Scenario: Who Should Decide?
The
Congress passes a law that says all citizens who
were not born in this country must return to their
country of birth within one month.
The
president signs the law and says he will have
the armed forces help to enforce compliance. |
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Questions
to Consider:
- Do
the people have any recourse? In other words, can anything
be done about this? If so, what?
- In
the United States, all courts have the power to review
decisions of other branches and determine their constitutionality,
but the "final" power of judicial review rests
with nine appointed judges. In England, the decisions
of the highest court are subject to review by the legislature.
Who is best suited to have this authority? Explain and
defend your answer.
- Could
we have a workable system of government without judicial
review? How would such a system be organized?
- Does
the fact that the Court currently has the power to review
actions of the legislative and executive branches relieve
these two branches of the obligation to review their own
decisions to be certain they are constitutional?
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