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Essay / Research Paper Abstract
This 10 page paper examines the concept of judicial review and also touches on judicial activism and judicial restraint. Marshall's role in Marbury v. Madison is examined along with the significance of the case. Judicial review is defined and discussed in general terms as well. Bibliography lists 7 sources.
Page Count:
10 pages (~225 words per page)
File: RT13_SA422MvM.rtf
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Unformatted sample text from the term paper:
of American courts to decide whether the acts of all branches of the U.S. government as well as government officials comply with the Constitution ("Judicial Review," 1991 ). Judicial review
is primarily an American innovation, based on the premise that the Constitution is the true law of the land, rather than a superfluous document (1991). Judicial review may be performed
by either federal or state judges; however, it has become most associated with the Supreme Court (1991). Although the Constitution does not specify the concept, judicial review has evolved as
the document did intend for the judiciary branch of government to check on the other branches (1991). Judicial review is actually practical, allowing for the strength of the judiciary.
For instance, many schools around the nation have seen fit to implement rules and regulations that seem to be aligned with what the community wants. One example is that many
schools have rules pertinent to locker searches, drug testing, a dress code policy and whether or not religious items may be allowed on premises. However, schools walk a thin line
as it respects the Constitution and the Constitutionally of their regulations. For instance, a body search such as what occurs in terms of drug testing may constitute a violation of
the fourth amendment. Schools must be very careful as to why they demand a drug test, when they do this and how it is administered. Some schools for example have
a rule that they can demand that a drug test be given by an outside agent if in fact the student appears to be under the influence of a substance.
The schools cannot of course simply do tests and search lockers at the whim of the principal. Corporal punishment is also outlawed in virtually all jurisdictions but about a decade
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