Judicial review and affirmative action

In 1803, the Supreme Court of the United States decided the case of Marbury v. Madison, providing itself great power to judge the decisions of the other branches of government and opening the door to decisions consistent with the Fourteenth Amendment’s Equal Protection Clause.
Preparation
Review the following U.S. Supreme Court cases:

  • Instructions
    Write a 3–4 pages in which you:
  • Prepare a one-page case brief of Marbury v. Madison explaining the power of the Supreme Court’s judicial review, including whether the judicial review amounts to law-making.
  • Prepare a one-page case brief of Grutter v. Bollinger explaining how affirmative action came to be part of admissions to college and the Court’s requirements for it.
  • Identify existing checks and balances for race-conscious school admission programs, including any unintended consequences.
  • Support your writing with at least three credible, relevant, and appropriate academic sources.
  • Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
  • The specific course learning outcome associated with this assignment is:
  • Analyze the Supreme Court’s use of judicial review to require diversity.

Gutfeld, A., & Rabin, Y. (2015). The Judicial Review Controversy: Marbury v. Madison and Its Manifestations in the Israeli Constitutional Revolution. In Israel Yearbook on Human Rights, Volume 45 (2015) (pp. 191-215). Brill Nijhoff.

Lloyd, G. (2013). Marshall v. Madison: The Supreme Court and Original Intent, 1803–35. Criminal Justice Ethics32(1), 20-50.

Wrzoszczyk, M. (2019). The idea of judicial review in the United States of America: the context of creating and early judgments of the Supreme Court. Orbis Idearum7(2).

deButts, D. R. (2019). A Game Theoretic Analysis of Marbury v Madison: The Origins of Judicial Review. James Blair Historical Review9(2), 2.

Zhu, X. (2022). Turkiye Halk Bankasi AS v. United States: High Time to Rethink The Supreme Court’s Original Jurisdiction Jurisprudence. United States: High Time to Rethink The Supreme Court’s Original Jurisdiction Jurisprudence (October 12, 2022).

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