If judicial review were eliminated, what alternative means could be used to interpret the meaning of the Constitution?
Civil War?
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Topic: Interpreting the U.S. Constitution
Consider the following scenario: The Supreme Court interprets the U.S. Constitution. Thomas Jefferson once argued against the doctrine of judicial review. He believed in the principles of "checks and balances," whereas the President, Congress, and the Supreme Court have equal authority to interpret the meaning of the Constitution. It is undisputed that the Constitution is the Supreme Law of the Land.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding (Article VI). However, at times, the Supreme Court makes decisions that challenge Christian principles, such as its decision on abortion. ????
I've never used this site before so I apologize if I'm not exactly asking questions correctly Ms. Sue...
You're asking good questions, Lisa. However, this question asks for YOUR opinion. What do YOU think?
What's sad is that I haven;t been in school for 20 years and a friend told me you have to try Liberty online out, its amazing!! So I listened and the sad thing is I feel lost because I don't have an actual teacher to really help and visualize things. I can't quit because I'm not a quitter. But It's just overwelming when I don't understand something. Make sense? It's different when you are in an actual class with hands on teachers. So I am lost and just began this class. Scares me.I have comprehension issues and always have. So that makes it even harder I guess... Thank you again for your help though.
You're not alone. Many students are struggling with online classes from for-profit-institutions. Unfortunately, many of these "schools" do not provide the support that all students need -- especially those who have been out of school for several years.
I urge you to enroll in a local public junior college for other classes.
If judicial review were eliminated, and alternative means would need to be used to interpret the meaning of the Constitution, there are a few possible alternatives that could be considered. Here are three main options:
1. Legislative Interpretation: Congress could take a more active role in interpreting the Constitution. This would involve passing laws or resolutions that explicitly define the meaning and scope of constitutional provisions. Congress could clarify specific constitutional clauses or principles through legislation, and the courts would then interpret and apply these laws accordingly. However, this approach would require a high degree of political consensus and cooperation among the different branches of government.
2. Popular Referenda: Another alternative could involve using popular referenda or initiatives to interpret the Constitution. This means that certain constitutional questions would be decided directly by the voters through referenda. In this scenario, the interpretation of the Constitution would rely on the collective will of the people, as expressed through the voting process. However, this approach would pose challenges in terms of ensuring a well-informed electorate and balancing the rights of minority groups.
3. Constitutional Convention or Amendment: If judicial review were eliminated, an alternative means to interpret the Constitution could involve convening a constitutional convention or amending the Constitution. This would allow for a more democratic process of reevaluating and redefining constitutional principles. However, this option would require a significant amount of time, resources, and political consensus to go through the complex process of amending the Constitution.
Ultimately, the alternative means to interpret the Constitution in the absence of judicial review would depend on the specific legal and political context and the preferences of the society and its governing institutions.