Federalism and the Principle of Judicial Review

Student’s Name Professor’s Name Course Date Federalism and the Principle of Judicial Review The United States is among a few countries in the world with a federalist system of governance. In a federalist system, more than one layer of governance 4xercises power and jurisdiction over the territory. The framers of the constitution of the United States envisioned a government with powerful states. However, there emerged concerns about the security of the country, creating a need for a system of check and balances between the state and the national government. Baker and Lynn explain that the framers of the U.S constitution a system of governance where state and federal government interacted on a daily basis. Article Four of the Constitutions sets exclusive and concurrent powers for the state and national government. The constitution does not give Congress powers to make laws. Judicial review principle gives the Supreme Court of the United States the power to determine the constitutionality of laws made by the legislature and decisions from the executive arm of the government. Over the years, this principle has expanded to include checking on state laws. In the United States, federalism has been structured to protect the rights of minorities. Originally, states were required to have most powers and influence. However, due to the differences on issues of slavery where some states wanted to maintain slavery, the federal government has had a higher influence on issues that affect minorities. In most cases, the Supreme Court of the United States through the principle of judicial review has helped resolve conflicts that arise from federalism. The first constitutional review was in the Marbury v. Madison (1803). According to Justia Law, Congress does not have powers to make laws. In the case of Marbury v. Madison, President Jefferson had appointed judges before leaving office in an attempt to restructure the court system. The secretary of State refused to deliver commissions under the incoming President Adams. The Supreme Court Judge Marshall ruled that the executive decision was unconstitutional. Since then, judicial review has changed over the years to focus on solving the tensions that exist between the powers of the state government and the federal government. Initially, the national government and state governments had exclusive powers. The overlapping of roles in the recent past has called for the Supreme Court's intervention to determine the constitutionality of state laws. In Cooper v. Aaron 1958, the Supreme Court expanded the judicial review principle so that it could review laws from state governments. In Roe v. Wade 1973, the Supreme Court ruled that state laws that prohibited women from carrying out abortion were against the Fourteenth Amendment of the constitution. The Fourteenth Amendment prohibits states from making laws that abridge the rights of citizens. ...