Street Law, Inc. and The Supreme Court Historical Society present

Landmark Cases of the U.S. Supreme Court

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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.

Questions to Consider
  1. Do the people have any recourse? In other words, can anything be done about this? If so, what? 
  2. 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. 
  3. Could we have a workable system of government without judicial review? How would such a system be organized?
  4. 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?
< Marbury v. Madison