Question

Read the following quote


"You seem to consider the judges as the ultimate arbiters [judges] of all constitutional questions; a very dangerous doctrine [rule] indeed, and one which would place us under the despotism [authority] of an oligarchy."
Thomas Jefferson


The quote above reflects Thomas Jefferson's opinion of the power of judicial review.
• Explain the principle of judicial review.
• Do you agree or disagree with Thomas Jefferson's position. Explain your position.
• Use details and examples to support your answer.

Write in 5 sentences in a 6th grader’s response

Answer 1

Judicial review is the power of courts, especially the Supreme Court, to decide if a law or government action follows the Constitution. Thomas Jefferson feared that giving judges the final say would make them too powerful and like an oligarchy. I disagree with Jefferson because judicial review helps protect people's rights when other branches pass unfair or unconstitutional laws. For example, Marbury v. Madison established judicial review, and Brown v. Board of Education used it to end school segregation and help many students. Also judges can be checked because presidents and senators choose judges, Congress can pass new laws, and the Constitution can be amended, so the courts do not have unchecked power.