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Essay / Supreme Court Cases - 1014
It was in 1803 that Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue that concerns another branch of government legislation instead, whether it is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/use of judicial review? How does this affect modern society? These are important questions to ask when trying to understand how a federal system functions and evolves with its society. In this article, I will analyze three Supreme Court cases (Lemon v. Kurtzman, Engel v. Vitale, and Epperson v. Arkansas) in order to arrive at an informed perspective on judicial review. Lemon v. Kurtzman was a reaction to Rhode Island and Pennsylvania statutes that assisted private schools by providing money for teacher salaries, textbooks, and other instructional materials. This outraged Lemon (and others). Lemon sued, claiming she had violated the Establishment Clause. Before reaching the Supreme Court, the separate cases were heard in federal court (Pennsylvania) and district court (Rhode Island). In federal court, the law was held not to violate the First Amendment. In district court, judges found that the law encouraged “excessive entanglement” (Lemon v. Kurtzman). Since this case was very controversial (it dealt with the constitution and its violations), it was deemed worthy of taking to the Supreme Court. The Supreme Court ruled that the laws were unconstitutional and violated the Establishment Clause. Still, that wasn't the most important part of the matter. From this case, the Supreme Court was able to better define the... middle of paper...... Vitale and Epperson v. Arkansas. Through the perspective gained from reading each case, I was able to define what judicial review was, as well as how it positively affects the United States and its citizens. Works Cited ENGEL c. VITAL. The Oyez Project at IIT Chicago-Kent College of Law. December 7, 2013. .EPPERSON v. ARKANSAS. The Oyez Project at IIT Chicago-Kent College of Law. December 8, 2013. .LEMON v. KURTZMAN. The Oyez Project at IIT Chicago-Kent College of Law. December 8, 2013. “Marbury v. Madison establishes judicial review. » 2013. The History Channel website. December 9, 2013, 7:57 a.m. http://www.history.com/this-day-in-history/marbury-v-madison-establishes-judicial-review.US Const. To modify. I. Print.