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Law: Supreme Or Ordinary

            
             Chief Justice, John Marshall, believed that the Constitution was supreme law and .
             that only the Judicial Branch of government could interpret laws and the Constitution. If .
             Congress passed laws that went against the Constitution, then they became tyrannical and .
             the Constitution becomes void. But the question is, can and should the government use .
             laws passed by Congress?.
             The Judicial Branch of government has the dilemma of deciding what to do when .
             a law is in opposition to the Constitution. Do they conform to the law or conform to the .
             Constitution? Their power deals with the extent of the Constitution and they must uphold .
             it because the Constitution comes before the law. In each case, however, the courts are .
             forced to resolve whether or not to follow the laws or the Constitution. It is the .
             Constitution by which they take the oath of office.
             The Constitution is supreme law in that it is very difficult to add to or change. .
             Two-thirds of both Houses are required along with three-fourths of the states. This is due .
             to the system of checks and balances, which limits the powers of the legislation. Laws .
             that conflict with the Constitution are void and courts should follow that rule of thumb, .
             but in some circumstances the laws apply to certain cases. So, are the courts to do? .
             Marshall's view was that there are situations where the Constitution doesn't apply .
             and ordinary laws address the issue specifically. But he also says that any law .
             discrediting the Constitution is void. The government will need to address this issue in .
             depth before it becomes too late. If the Constitution was ordinary law, then we could just .
             amend it any time we pleased. So a separation of state laws and the Constitution needs to be established.
            


Essays Related to Law: Supreme Or Ordinary

1. European Legal Structures

"Separation of Powers-(Basically talking about France) -Civil law is entirely different largely due to fear of the judiciary -Results in the legislature(parliament) being supreme as they are elected officials -The 2nd key component is "no government by judges- they actually prohibit judicial review of legislative actions C. ... Judiciary -Dual(or even multiple) hierarchies of courts Administrative Courts Ordinary Courts -Review Public Laws -Track "civil- -disputes w/government litigation agencies -Criminal Law -laws passed by leg. ... Ordinar...

  • Word Count: 2028
  • Approx Pages: 8
  • Grade Level: High School

2. Law

The Federal court system consists of the Federal court of Canada, which has a trial division & an appeal division & the Supreme Court of Canada - the country's highest court of appeal. The Judge makes decisions on the admissibility of the evidence, controls the events in the courtroom, and interprets the law pertaining to the case. ... The jury is a group of 12 men and women, chosen by the Crown and defence counsel from a pool of ordinary citizens in the community the court is located in. ... Duress: in criminal law, the defece that the accused was forced by the treat of violence to ...

  • Word Count: 559
  • Approx Pages: 2
  • Grade Level: Undergraduate

3. Legal Structure of South Africa

The United States have a federal and state structure while South Africa has a superior and lower court system with the Constitutional Court being the supreme law of the land. ... Supreme Court, both are the most powerful court in their respected regions. ... Since 1994, the Constitution of the Republic of South Africa has been the supreme law. ... When interpreting the Constitution , the Court is required to consider international human rights law and may consider the law of other democratic countries. ... The ordinary courts, on the lower level, (Small Claims Court, Magistrates Courts) d...

  • Word Count: 864
  • Approx Pages: 3
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4. The Death Penalty

As a pre-law major, I am always interested in writing essays that are involved in law or any legal issues. This semester, I am taking a class about the Constitutional Law and Civil Rights. In the classroom, the instructor and students discuss about how Supreme Court reviewed the cases that are involved in constitutional issues. ... Many people are not familiar how Constitutions are interpreted to justify our current laws. ... The definition of "unusual is "not common or not ordinary". ...

  • Word Count: 1056
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: Undergraduate

5. The British Constitution and Contract Law

This concept is defined by the Parliament itself on their official website as "a principle of the UK constitution that makes Parliament the supreme legal authority in the UK, which can create or end any law. ... This is one of the more complicated concepts of constitutional law. Dicey6 defines it in three parts; first it is the predominance of the law, second it means that everyone is equal in the eyes of the law and the third meaning is the one based on the uncodified constitution i.e. the constitutional code originates from ordinary law. ... Following the idea of Jennings, the first a...

  • Word Count: 1820
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

6. The Separation of Power, Checks and Balances

For instance, the President, the Chief Executive, appoints all High Court and Supreme Court judges, and using his powers of the Prerogative of Mercy, he can change the verdicts passed by courts of law. ... - He has power to summon the legislature to convene extra-ordinary sessions... EXECUTIVE CHECKS ON THE JUDICIARY The President appoints all Supreme Court and High Court Judges. He, through the Prerogative of Mercy, can change the penalty imposed by courts of law on convicts. ... Through the force of the Rule of Law, he, the President, can be summoned, like any ordinary citizen, to appear...

  • Word Count: 754
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  • Grade Level: Undergraduate

7. Crime And Punishment Review

Rodion believes that a law of nature has divided men into two groups, the "ordinary" and "extraordinary." The ordinary group exists only to form the structures of the world and society. The extraordinary men exist to cross the structures and barriers created by the ordinary people and to advance society. ... Thus, the murders he commits will make him part of this supreme society. ... It is an extraordinary novel written for ordinary people. ...

  • Word Count: 413
  • Approx Pages: 2
  • Grade Level: High School

8. Gun Control

It placed the first limitations on selling ordinary firearms. ... The Supreme Court, in the case of Printz vs. ... The New Jersey Supreme Court restricted the definition of "state" in the second amendment as the National Guard. The Supreme Court refused to review the case and dismissed it as unconstitutional (Willing 1). ... Guns do not turn ordinary people into murderers. ...

  • Word Count: 2172
  • Approx Pages: 9
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9. Gun Control

Constitution to establish that its purpose was not to allow ordinary citizens the "right to keep and bear arms". ... There are four major cases where the Supreme Court has addressed this issue. Perhaps the most important Supreme Court Second Amendment case is U.S. v. ... Two other important Supreme Court rulings are Presser v. ... Unbeknownst to the general public, this is not even an unsettled area of the law. ...

  • Word Count: 1459
  • Approx Pages: 6
  • Grade Level: High School

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