Judicial review and Judicial restraint


The Power of Judicial Review 

  • Can limit thep power of congress, declaring Guantanimo Bay unconstitutional 
  • However it can also be somewhat ignored and walked over, phone tapping going unnoticed by the supreme court 
  • Can also limit the power of executive orders, Trump travel ban 
  • However president can influence the decisions of supreme courts, a fourth version of the travel ban getting through congress
  • Can limit the outcome of elections, Bush vs Gore in 2000 
  • However due to its political nature court ruled for bush, shows how it is almost afraid of using this power 
  • It also means it can create new legislation in a way, Roe vs Wade


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