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Topic:
Unconstitutional the Defense of Marriage Act
Coursework Instructions:
In 2013, the Supreme Court struck down as unconstitutional the Defense of Marriage Act (DOMA) which was passed by Congress. Would this be an example of checks and balances between the legislative and judicial branches? Should the U.S. Supreme Court, a nonelected body, have the power to make such decisions on acts passed by the legislative body, who are elected by the people?
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Judicial Review of DOMA
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Judicial Review of DOMA
The Supreme Court, which was supreme in 2013, came up with a ruling on the United States v. In Windsor, which concerns the decision against which an appeal is lodged at the Supreme Court, the relations of checks and balances in the American constitution system are best seen (Legal Information Institution, 2013). This case vividly demonstrates the judiciary's function as a check on legislative activity and defender of constitutional liberties, although this activity originates in popularly chosen bodies. The power of the Supreme Court to declare laws unconstitutional, provided by the decision in Marbury v. Madison (1803), acts as a watchdog for probable legislative essentials and checks whether Congress is operating within the Constitution's decreed limits.
It has been argued whether Supreme Court justices have the right to be unelected throughout America...
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