Month: December 2017

Dover Beach Essay

Dover Beach Essay

Explore how Matthew Arnold uses language to give us insights into the life of modern man in ‘Dover Beach’. The life of modern mankind is presented very negatively and ignorantly by Matthew Arnold in the poem Dover Beach by the fact that religious faith evanesce with the Industrial Revolution. Arnold creates the image of the dark future for the people without unwavering faith or religion. Modern men are bastardised with the thought that new the Industrial Revolution will give them advantage over nature.

This thought of gaining superiority made humans arrogant by which this appearance is broken by the reality of nature’s dominance. People also seem ignorant with the wishful thought. These pebbles which ‘the waves draw back, and fling’ are completely powerless and are thrown around by the waves that move these “pebbles” at ease. Arnold uses pebbles as a metaphor for humans to show the inferiority in comparison to nature. The ignorance of humans is emphasised by the historical allusion to Peloponnesian War.

In the dark, soldiers could not differentiate between their own army and the opponents; and so they killed their own soldiers. This is used by the poet to show the stupidity of modern man throwing away the religion which was everything to people before the Industrial Revolution; something to believe and rely on when people prayed. However, this old belief is thrown away and Arnold sees it as a very naive decision. The Industrial Revolution gave the source of arrogance and confidence which took place among the Western countries.

This revolution was revolutionary itself; humans could mass produce, with improved quality, and at ease. These machineries became the limbs of human society. What came with the industrial revolution was the idea of realism. People could nearly produce goods to near-original standards, all thanks to improved technologies and science, and hence began to doubt the existence of God and supernatural beings. Realism contrasts the theology which is all about belief without questioning that God exists; and people believed it before the times of the machineries. It gave people hope and modesty under the mighty existence of God.

However both hope and modesty disappeared with the Industrial Revolution which Arnold laments for. Bitterness is suggested when Arnold exclaims ‘Ah, love’ to show that in this changing world, one can only rely on the partner, and be trustful and true. Sarcasm is used to describe the modern world as a ‘land of dreams’ as there is no more hope for the world, as there is no more faith. As the poem proceeds, the transition of mood is noticeable as the grief of the loss of faith extends to a sense of resignation towards the end and having a sarcastic, sour approach to the issue.

The ‘tremulous cadence slow’ helps to convey the gradual process of the wane of doctrine which adds to the idea that the change of people’s lives is almost unnoticeable. This gradual process hurts Arnold because people are caught unaware of the changes taking place and so do not think it is particularly wrong and sinful. Arnold presents his sorrow with the historical allusion to Sophocles who, was a Greek playwright, had heard the sound of waves crashing as the ‘eternal note of sadness’.

The ‘sadness’ of the mankind turning away from religious beliefs is a parallel to the ‘melancholy… withdrawing roar…retreating’ of the waves. Before the development of science and technology, people had truly believed in the religion and thought that they were in total control of god. The metaphor ‘Sea of Faith’ which presents the religious faith people have, used to be ‘full and round Earth’s shore’ but now is ‘retreating… down the vast edges’ which shows the decreasing religious beliefs.

Arnold points out that, without faith, humans are ‘naked’ and have no protection and defence which reflects the vulnerability of man and their lives. With carefully chosen words, Arnold presents the uncertainty of the future of humans. The new industrialised world seems “so various, so beautiful, so new” but it is again a mere appearance. The reality is that this mechanic, stiff world will have “neither joy, nor love, nor light” because this mechanics cannot feel love, hence no joy, and no vision as humans need love and the warm characteristics of humanity.

It is thus deducible that the future will have no “certitude, nor peace, nor help for pain” which are the essentialities of humans. Humans can only survive the harsh world when everybody believes and trusts each other, and this will be broken with the introduction of industrialisation. This change of the world will bring “confused alarms on struggle and flight” which creates an imagery of a “darkling plain”; a dark vision for humans. Furthermore, the “turbid” ebb and flow shows the cloudy, uncertain future of ‘ebb and flow’ which is the repetitive cycles of nature.

Can humans only survive when they make harmony with the nature, and to go against the natural cycles can only mean extinction of humans. The ‘cliffs’ of England ‘gleams’ and ‘glimmers’; gleams and glimmers have a sense of shakiness, precariousness and unknown which echoes the uncertain modern man. Also the alliteration of ‘g’ and ‘m’ creates a stuttering tone which adds to the idea of uncertainty. This imagery portrays the withering away of cliffs as a decline of religious beliefs and whatsmore, deterioration of the Earth itself as humans exploit resources out of the Earth which the modern development enabled men to do.

The flaws of modernism and realism are expressed in this poem. The flow of the poem is cut off by uses of caesura which is a parallel to the imperfect modern world. Arnold gives a hint that modernization of the world will have some flaws which will inevitably bring loss of faith and result in loss of equilibrium. In science, there is no hope; everything is measured out and exact. Hence in the modern world reality there can be no hope as it looks vain. Again, Arnold sympathises with the loss of hope in reality.

In a different sense, the calm, naturalistic description of a beach at night in the first stanza is the appearance which contrasts to the reality that is sad, unhopeful, ‘retreating’ and ‘tremulous’. Human beings are inferior over nature and the spiritual beliefs as to an extent that people cannot control anything. The abandonment of the doctrine of religion with the help of the Industrial Revolution is only a vain act against the power-overwhelming nature. Religion and faith should remain in humanity and ignoring it should result in the uncertainty and vulnerability of modern man.

Quilting and Aunt Ida Pieces

Quilting and Aunt Ida Pieces

Aunt Ida Pieces a Quilt by Melvin Dixon They brought me some of his clothes. The hospital gown. Those too-tight dungarees, his blue choir robe with the gold sash. How that boy could sing! His favorite color in a necktie. A Sunday shirt. What I’m gonna do with all this stuff? I can remember Junie without this business. My niece Francine say they quilting all over the country. So many good boys like her boy, gone. At my age I ain’t studying no needle and thread. My eyes ain’t so good now and my fingers lock in a fist, they so eaten up with arthritis. This old back don’t take kindly to bending over a frame no more.

Francine say ain’t I a mess carrying on like this. I could make two quilts the time I spend running my mouth. Just cut his name out the cloths, stitch something nice about him. Something to bring him back. You can do it, Francine say. Best sewing our family ever had. Quilting ain’t that easy, I say. Never was easy. Y’all got to help me remember him good. Most of my quilts was made down South. My Mama and my Mama’s Mama taught me. Popped me on the tail if I missed a stitch or threw the pattern out of line. I did “Bright Star” and “Lonesome Square” and “Rally Round,” what many folks don’t bother with nowadays.

Then Elmo and me married and came North where the cold in Connecticut cuts you like a knife. We was warm, though. We had sackcloth and calico and cotton. 100% pure. What they got now but polyester-rayon. Factory made. Let me tell you something. In all my quilts there’s a secret nobody knows. Every last one of them got my name Ida stitched on the backside in red thread. That’s where Junie got his flair. Don’t let anybody fool you. When he got the Youth Choir standing up and singing the whole church would rock. He’d throw up his hands from them wide blue sleeves and the church would hush ight down to the funeral parlor fans whisking the air. He’d toss his head back and holler and we’d all cry holy. And never mind his too-tight dungarees. I caught him switching down the street one Saturday night, and I seen him more than once. I said, Junie, You ain’t got to let the whole world know your business. Who cared where he went when he wanted to have fun. He’d be singing his heart out come Sunday morning. When Francine say she gonna hang this quilt in the church I like to fall out. A quilt ain’t no show piece, it’s to keep you warm. Francine say it can do both. Now I ain’t so old fashioned I can’t change, ut I made Francine come over and bring her daughter Belinda. We cut and tacked his name, JUNIE. Just plain and simple. “JUNIE, our boy. ” Cut the J in blue, the U in gold. N in dungarees just as tight as you please. The I from the hospital gown and the white shirt he wore First Sunday. Belinda put the necktie E in the cross stitch I showed her. Wouldn’t you know we got to talking about Junie. We could smell him in the cloth. Underarm. Afro-Sheen pomade. Gravy stains. I forgot all about my arthritis. When Francine left me to finish up, I swear I heard Junie giggling right along with me as I stitched Ida on the backside in red thread.

Francine say she gonna send this quilt to Washington like folks doing from all across the country, so many good people gone. Babies, mothers, fathers, and boys like our Junie. Francine say they gonna piece this quilt to another one, another name and another patch all in a larger quilt getting larger and larger. Maybe we all like that, patches waiting to be pieced. Well, I don’t know about Washington. We need Junie here with us. And Maxine, she cousin May’s husband’s sister’s people, she having a baby and here comes winter already. The cold cutting like knives. Now where did I put that needle?

Wal-Mart Sex Discrimination Lawsuit

Wal-Mart Sex Discrimination Lawsuit

Running head: WAL-MART SEX DISCRIMINATION LAWSUIT WAL-MART SEX DISCRIMINATION LAWSUIT Largest Case in US History Revives a Longstanding Debate By: Tambra Sullivan Minot State University BADM 537 Human Resource Management August 2011 Abstract The sex discrimination case against Wal-Mart, in which the U. S. Supreme Court handed an important victory to the retail chain on June 20, 2011, revives a longstanding debate: are disparities in the workplace due primarily to gender bias or to deep-rooted gender differences?

The answer is anything but simple. Women make up nearly two-thirds of hourly workers at Wal-Mart but only one-third of management. The complaint argued that such disparities can be explained only by bias. But can they? This paper attempts to explore this complex issue and the lawsuit outcome. Wal-mart Sex Discrimination Lawsuit Largest Case in US History Revives a Longstanding Debate The Wal-mart sexual discrimination lawsuit was filed ten years ago by three female employees.

However, the plaintiffs and their lawyers have sought to expand it into a class-action suit on behalf of every woman who has worked for Wal-Mart at any time since December 1998 — as many as 1. 5 million. While they collected statements from 120 women alleging discrimination, the main argument for the class-action suit relied on sociological and statistical analysis. Women make up nearly two-thirds of hourly workers at Wal-Mart but only one-third of management. Such disparities, the complaint argued, can be explained only by bias.

Discussion What is sex discrimination? When you are treated differently because of your sex and when the different treatment negatively affects the “terms or conditions of employment,” it is illegal. “Terms or conditions of employment” include position, pay, title, being hired or fired from a job, and advancement and training opportunities. (ERA, 2011). Sex Discrimination is against the Law The federal law prohibiting sexual discrimination in the workplace is Title VII of the 1964 Civil Rights Act.

Title VII applies to private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees. (ERA, 2011). Past Lawsuits against Wal-mart This is not the first time that Wal-mart has had a run in with the U. S. Equal Employment Opportunity Commission (EEOC) and it will most likely not be the last. According to a recent EEOC’s lawsuit, Wal-mart’s London, Ky. , Distribution Center denied jobs to female applicants from 1998 through February 2005.

During that time period, the EEOC contends, Wal-mart regularly hired male entry-level applicants for warehouse positions, but excluded female applicants who were equally or better qualified. The EEOC alleged that Wal-mart regularly used gender stereotypes in filling entry-level order filler positions. Hiring officials told applicants that order filling positions were not suitable for women, and that they hired mainly 18- to 25-year-old males for order filling positions, the EEOC said.

Excluding women from employment or excluding them from certain positions because of gender violates Title VII of the Civil Rights Act of 1964. The consent decree settling the suit, entered by the court on March 1, 2010, requires Wal-mart to provide order  filler jobs, as they become available, to eligible and interested female class  members, as determined by a claims administrator. Wal-mart will fill the first 50 available order filler positions with female class members. For the next 50 positions, female class members will be offered every other job.

Thereafter, every third position will be offered to female class members. “Forty-plus years after the passage  of the Equal Pay Act and Title VII of the Civil Rights Act, far too many  employers are still blatantly excluding women from particular jobs, segregating  their workforces on the basis of sex, and denying women equal pay for equal  work,” said Acting EEOC Chairman Stuart J. Ishimaru. “Let this major settlement serve as a warning: Employers must stop engaging in these outdated and sexist practices, or they will face severe legal consequences. (EOCC, 2010) Sears, Roebuck & Co. Many regard this case in the same category as a notorious 30-year-old sex discrimination case: the suit brought by the Equal Employment Opportunity Commission against Sears, Roebuck & Co. , charging that women had been kept out of commission sales and herded into lower-paying salesclerk jobs. There, too, statistical disparity was taken to prove bias. From 1973 to 1980, women accounted for 43 percent of all promotions from non-commission to commission sales at Sears; EEOC experts calculated that it should have been 68 percent.

In response, the company challenged the assumption that men and women were equally interested in and qualified for commission sales. In a controversial twist, a feminist historian, Rosalind Rosenberg of Barnard College, testified as an expert witness for Sears. Men and women, Rosenberg argued, generally have different expectations and preferences regarding work — and, however, desirable more equality in the workplace may be, it is “naive” to see the disparities as proof of discrimination. Sears won the case in 1986. Workplace Demographic Research

An article published in the “Journal of Management” in March 2011 took an in-depth look into similarities that demographics plays in our overall job satisfaction and how we perceive our work environment. Research on unraveling the complex effects of workplace demographics has grown exponentially in the past two decades, reflecting enduring academic interest in the topic. A majority of the research in this area has focused on dissimilarity in terms of gender, race, and age, and the results in this area have been inconsistent. (Joshi, 2011).

These findings tend to discount any attempts by Wal-mart to conclude there were other factors at play in the overall statistics involved in the lawsuit. Wal-mart Management Practices Left-wing journalist Liza Featherstone, whose 2004 book about the case, “Selling Women Short: The Landmark Battle for Women’s Rights at Wal-Mart,” is strongly sympathetic to the plaintiffs. In an interview, Featherstone was asked about other suits against Wal-Mart, including one by the widow of a male manager who had died of a heart attack. Featherstone explained, “Her husband was incredibly overworked, as many Wal-Mart managers are … ssistant mangers are forced to work 70-80 hours a week. In some sense, they are more exploited than hourly workers, because they are salaried, so they don’t get overtime. ” (Ibarra, 1993). In another interview, Featherstone noted that Wal-Mart expects managers to be available to work at any time and that the chief plaintiff in the women’s case, Betty Dukes, felt her career had suffered because she refused to work Sundays. All this lends credibility to Wal-Mart’s assertion that far fewer women than men have been interested in management jobs.

Does this mean that the individual claims of sex discrimination against the store are without merit? No, only that gender imbalances in such jobs do not automatically prove wrongdoing. This leads us to another topic of interest which is how much organizational demography has played a role in Wal-mart’s overall management performance throughout the years. It has been suggested that Wal-mart’s management practices have negatively influenced the overall management practices, even before the onset of this lawsuit. (Murray, 1989). High Court Ruling

The High Court unanimously agreed that the class-action suit was green-lit under an improperly broad standard — one that would confer victimhood on any current or former female Wal-Mart employee within the given time frame, with or without her consent. On another issue, however, the court split 5-4. The majority nixed any kind of class-action suit based on the plaintiffs’ claims: Justice Antonin Scalia reasoned that, since Wal-Mart left promotions and pay to the discretion of local stores, the allegations of bias involved so many varied individual decisions that they could not be lumped together as common practice.

This is a victory for Wal-mart. Conclusion The Supreme Court, by their decision in June 2011, made it harder for all workers to join together and challenge alleged bias that may not arise from a clear company policy. The decade-old Wal-Mart case had been the largest job-discrimination class action in history, potentially covering 1. 5 million women with potentially billions of dollars in liability for the nation’s largest private employer. By separate 5-4 and 9-0 votes, the high court said the class action against Wal-Mart had been improperly certified. (Biskupic, 2011).

Wal-Mart now has a program to help boost the share of female managers — launched two years ago, perhaps in response to public opinion as much as legal action. The culture is changing. To try to force this change by massive litigation based on fuzzy logic is bad for the economy, bad for the law, and many would argue ultimately bad for women as well. References Biskupic, Joan (2011) Supreme Court Limits Wal-Mart Sex Discrimination Case, USA Today, June 21, 2011. Equal Rights Advocates (ERA) (2011) – Know Your Rights: Sex Discrimination. Ibarra, H. (1993) Personal Networks of Women and Minorities in Management: A Conceptual Framework.

Academy of Management Journal, 18: 56-87. Joshi, Aparna & Liao, Hui, & Roh, Hyuntak (2011) Bridging Domains in Workplace Demography Research: A Review and Reconceptualization, Journal of Management, March 2011; vol. 37, 2: pp. 521-552, first published on June 15, 2010 Murray A. 1989. Top Management Group Heterogeneity and Firm Performance. Strategic Management Journal, 10: 125-141. U. S. Equal Employment Opportunity Commission (2010); “Wal-mart to Pay More than $11. 7 Million to Settle EEOC Sex Discrimination Suit”, Press Release 3/1/2010.

Haagen-Dazs

Haagen-Dazs

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A Brief Introduction on Judicial Review in the United States

A Brief Introduction on Judicial Review in the United States

A Brief Introduction on Judicial Review in the United States Part I: A Brief Introduction on Judicial Review Judicial review is the doctrine in democratic theory under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a written constitution. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of three branches of government).

This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state. The power of courts of law to review the actions of the executive and legislative branches is called judicial review. Though judicial review is usually associated with the U. S. Supreme Court, which has ultimate judicial authority, it is a power possessed by most federal and state courts of law in the United States.

The concept is an American invention. Prior to the early 1800s, no country in the world gave its judicial branch such authority. Part II: Judicial review in the United States Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the constitution itself. At the federal level, there is no power of judicial review explicitly established in the United States Constitution, but the doctrine has been inferred from the structure of that document.

At the time of the 1787 Constitutional Convention, five of the thirteen States included some form of judicial review or judicial veto in their state constitutions. Delegates at the Convention, including South Carolina’s Charles Pinckney, spoke out against the doctrine of judicial review. The Constitution states in Article III: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish….

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority…. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

In the United States, the supremacy of national law is established by Article VI, Clause 2, of the U. S. Constitution. Called the Supremacy Clause, it states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof … shall be the supreme law of the land. ” It goes on to say that, “judges in every state shall be bound thereby. ” This means that state laws may not violate the U. S. constitution and that all state courts must uphold the national law.

State courts uphold the national law through judicial review. Famous case The famous case of Marbury v. Madison(1803) marked the first time the U. S. Supreme Court explicitly explained and justified judicial review. Writing for a unanimous Court, John Marshall, fourth Chief Justice of the U. S. , used syllogistic reasoning. Major premise: The Constitution is the supreme law of the land and judges take an oath to support it. Minor premise: It falls within the province of the judiciary to interpret the law. Conclusion: Judges must not unassailable.

In fact, only two decades later, Justice Gibson of the Pennsylvania Supreme Court expressed a powerful opposing view in Eakin v. Raub(1825). Other debates and controversies followed. But Marbury v. Madison has been ratified by time and practice and has become a cornerstone of the larger constitutional system Marbury, of course, stands only for the proposition that judges can declare acts of Congress invalid. In subsequent cases Marshall asserted that judges could also declare invalid executive orders or actions (Little v.

Barreme, 1804 ) and upheld the Judiciary Act of 1789, under which Congress gave the Supreme Cour power to review and reserve decisions upholding the constitutionality of state statutes (Martin v. Hunter’s Lessee, 1816;Cohens v. Virginia, 1821). Taken collectively, these cases provide federal judges with impressive tools for monitoring governmental actions, tools that they have not always been hesitant to use. Through the end of the 1990s, the Supreme Court has invalidated nearly 140 federal statutes and some 1,200 local laws .

State courts too, with their own power to strike down acts passed within their jurisdiction, are active monitors of their governments. One scholar estimates that state justices invalidate nearly 25 percent of all laws challenged in their court rooms. Through judicial review, state courts determine whether or not state executive acts or state statutes are valid. They base such rulings on the principle that a state law that violates the U. S. constitution is invalid. They also decide the constitutionality of state laws under state constitutions.

If, however, state constitutions contradict the U. S. Constitution, or any other national statute, the state constitution must yield. The highest state court to decide such issues is the state supreme court. While judicial review of state laws is clearly outlined in the supremacy clause, the Framers of the U. S. Constitution did not resolve the question of whether the federal courts should have this power over congressional and executive acts. During the early years of the Republic, the Supreme Court upheld congressional acts, which implied the power of judicial review.

But the key question was whether the Court had the power to strike down an act of Congress. The Supreme Court’s use of substantive due process brought charges of “judicial activism,” which means that in determining whether laws would meet constitutional muster, the Court was accused of acting more as a legislative body than as a judicial body. Justice OLIVER WENDELL HOLMES JR. , in his famous dissenting opinion in Lochner, argued for “judicial restraint,” cautioning the Court that it was usurping the function of the legislature. Administrative review & Constitutional review

The procedure for judicial review of federal administrative regulation in the United States is set forth by the Administrative Procedure Act although the courts have ruled such as in Bivens v. Six Unknown Named Agents[3] that a person may bring a case on the grounds of an implied cause of action when no statutory procedure exists. The power to strike down laws has been deemed an implied power, derived from Article III, and from Article VI, which declares that the Constitution is the supreme law of the land “and the Judges of every state shall be bound thereby. No state or federal law may violate the U. S. Constitution. The foremost authority for deciding the constitutionality of federal or state law under the Constitution of the United States in cases which come before it is the Supreme Court of the United States, as decided in the case of Marbury v. Madison (1803). In Marbury the Supreme Court struck down a portion of the Judiciary Act of 1789 which had purported to change the Court’s original jurisdiction from what the Constitution described.

Although the Court continues to review the constitutionality of statutes, Congress and the states retain power to influence what cases come before the Court. For example, the Constitution at Article III, Section 2, gives Congress power to make exceptions to the Supreme Court’s appellate jurisdiction, and additionally states may choose to exercise sovereign immunity from lawsuits. The ultimate court for deciding the constitutionality of state law under state constitutions is normally the highest state appellate court, whose judgments are final in the absence of a federal question.

This court is usually called a state supreme court, but sometimes is known as a court of appeals. Even before Marbury, the doctrine of judicial review was specifically enshrined in some state constitutions, and by 1803 it had been employed in both state courts and federal courts in actions dealing with state statutes. In the federal system, courts may only decide actual cases or controversies; it is not possible to request the federal courts to review a law without at least one party having legal standing to engage in a lawsuit.

This principle means that courts sometimes do not exercise their power of review, even when a law is seemingly unconstitutional, for want of jurisdiction. In some state courts, such as the Massachusetts Supreme Judicial Court, legislation may be referred in certain circumstances by the legislature or by the executive for an advisory ruling on its constitutionality prior to its enactment (or enforcement). The U. S. Supreme Court seeks to avoid reviewing the Constitutionality of an act where the case before it could be decided on other grounds.

Justice Brandeis framed it thus (citations omitted) Part III:Pros and cons Although judicial review has now become an established part of constitutional law in the United States, there are some who disagree with the doctrine, or believe that it is unconstitutional. This is generally based on two grounds. First, the power of constitutional review is not specifically delegated to the Supreme Court anywhere in the Constitution. Along with this, the Tenth Amendment explicitly states that any power that is not delegated by the Constitution is reserved to the states, or people.

Secondly, it is the states alone that have the power to create this set of laws for the federal government follow, logically it is the states alone that have the power to interpret the meaning of these laws. Allowing the federal government to conduct judicial review allows them to interpret their own restrictions as they see fit, with no consent to the originating power. Although the Constitution does not explicitly authorize judicial review, it also does not explicitly prevent it, as did the Virginia Constitution of 1776.

That Virginia Constitution said: “All power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. ”[6] The extent of judicial review in the United States was discussed at the Constitutional Convention, and the Virginia Plan suggested a “council of revision” which would have included the Supreme Court, and which would have been empowered to examine proposed new laws and could accept or reject them regardless of constitutionality.

However, under that proposed system, Congress could pass a bill over the council’s veto. The “council of revision” proposed in the Virginia Plan was ultimately rejected in the Constitutional Convention, for fear that the Supreme Court would abuse its power, and the proposed “council of revision” morphed into the Presidential veto. Thus, the courts were only empowered to strike down statutes for unconstitutionality. James Madison, the author of the Virginia plan, suggested narrowing the courts’ power of judicial review even further: References:

Courts, Judges,& Politics an Introduction to the Judicial Process,2002,by Walter F. Murphy, C. Herman Prichett, Lee Epstein, Published by McGraw-Hill Higher Education The American Legal System Perspectives, Politics, Process, and Policies, second edition, by Albert P. Melone & Allan Karnes(our text book) American Law Enforcement, 1980, by Folley,Vern L, Published by Allyn and Bacon http://en. wikipedia. org/wiki/Judicial_review http://en. wikipedia. org/wiki/Judicial_review_in_the_United_States Course: Anglo-American Legal System Name: Jenny (Wu Shuwen) Class of 2008: Law4 School ID#: 0081126024