protective features of the constitution essays

protective features of the constitution essays The United States democratic system includes certain features that are intended to protect against the abuse of the power by the government and public officials. Some protective features include: judicial review, impeachment process, freedom of expression, protection against unreasonable searches, equal protection under the law, and the rights of the accused. One important protective feature is judicial review. Judicial review is the power of the courts to review laws and determine whether or not they are unconstitutional. The Judiciary Act of 1789 stated that all citizens of the United States are separate but equal, referring to segregation. Blacks were supposed to be treated equally and fairly, without discrimination just as whites were, but they were to have separate facilities, schools, etc. In the case of Marbury v. Madison, on John Quincy Adams last night in office, he appointed 82 new Federalist Justices. These "midnight judges" as they were called represented a threat to incoming President Thomas Jerreson, a Democrat-Republican. Jefferson feared Federalist interpretation of the law for the next 20 years, a fear that ended up coming to fruition. Among these midnight judges was one William Marbury. Jefferson ordered his Secretary of State, John Madison, not to deliver the official documents granting Marbury his position. Bec ause of the Judiciary Act of 1801, Marbury appealed directly to the Supreme Court asking for a "writ of mandamus" or an order to act. Chief Justice John Mashall recognized he would be correct in ordering Madison to deliver the papers but feared weakening the image of the Court if President Jefferson refused to comply. Instead Marshall ruled that the Judiciary Act of 1801, which Marbury had used to submit his claim directly to the Court wa s unconstitional, and it was. In this way the Court was able to rule a law unconstitutional and therefore created the important precedent...