Introduction
A judicial review can be described as a court proceeding in which a judge has the authority to review the lawfulness of a specific decision made by a public body, such as the executive. In simpler terms, judicial review aims at challenging the process used to arrive at a particular decision instead of the conclusions made. The doctrine of judicial review, as cited by deButts, holds that “the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government” (5).
In essence, the concept of judicial review can be understood in terms of the power vested in the country’s courts to examine the actions of legislative, executive, and administrative arms of governments. This, in turn, helps determine whether or not the actions comply with the Constitution. The actions deemed inconsistent are declared unconstitutional, null and void. Overall, judicial review, as a process, depends mainly on the availability of a written constitution.
Marbury v. Madison (1803) remains one of the most impactful cases in the U.S. because it granted the federal courts the power to override an action of Congress if it violates the U.S. Constitution. In rendering the ruling, Marshall noted that “Marbury’s and the other appointees’ rights had been violated by Jefferson when he blocked their commissions” (deButts 7). The Marbury v. Madison case helped establish the concept of judicial review in the United States. While there are several modern-day examples of how judicial review has been used in the U.S., a notable one is the 2015 Supreme Court ruling in the Obergefell v. Hodges case. The court ruled that state laws that prevented same-sex marriage violated the 14th Amendment.
Interest groups have a significant influence on the country’s judicial system. These groups’ involvement in the judicial process occurs through filing amicus curiae briefs. The interest groups’ role is to present arguments in favor of a particular issue. They may also opt to file lawsuits against parties or the government. A good example of an interest group is the National Association for the Advancement of Colored People (NAACP). It achieves its goal of equal representation by bringing civil rights cases to the Supreme Court.
Differences Between Conservatism and Liberalism, and Libertarianism and Socialism
The main difference between conservatism and liberalism lies in their definitions. The former emphasizes the importance of liberty and equal rights, while the latter aims to promote traditional institutions. Today, conservatism requires the government to function “as a small-scale institution allowing more individual responsibility for everyone” (Kobayashi 727). From a healthcare perspective, conservatism does not support the issue of abortion – it strives to uphold the traditional value that life starts at conception. On the other hand, liberalism argues that abortion should be allowed because every woman can decide what to do with their body.
It also holds that a fetus is not yet a living being. The two concepts can also be described from an economic point of view. Conservatism encourages the government to tax less and spend less—it should curb its expenditures in an effort to balance its budget (Kobayashi 728). Liberalism, on the other hand, holds that the government should ensure it and provide more services to less fortunate members, even if it means increasing taxation. More specifically, high-income earners should pay a larger percentage of taxes.
In line with the above, the main difference between libertarianism and socialism is their underlying philosophies. Libertarians hold that society “must not infringe on the natural rights of the individual, and legitimate government exists only to safeguard and guarantee those rights” (Kobayashi 730). More specifically, this philosophy maintains that individuals have inalienable natural rights, such as life and liberty, that society cannot possess. Socialism follows the collectivist philosophy, which argues that the needs of society supersede an individual’s inalienable natural rights. These rights can be infringed for the benefit of society.
While several interest groups advocate for issues related to conservatism and liberalism, the two common ones are Americans for Democratic Action (ADA) and the American Conservative Union (ACU). The former concerns progressive issues and views itself as “supporting social and economic justice through lobbying, grassroots organizing, research, and supporting progressive candidates” (Kersch 23). The latter was established to unite conservatives around issues of conservatism. One of ACU’s goals is to advance conservative rights by ranking politicians based on their individual level of conservatism.
The Main Elements of Immigration Issues
Immigration remains a highly debated issue in the U.S. While there are several elements of immigration issues, this discussion will focus on visa security, border control, legal immigration, and documentation and verification. Firstly, visa security ensures that foreign individuals seeking visas complete the admissibility reviews undertaken by the Department of State (DOS). These reviews aim to determine whether one is eligible for a visa as per the inadmissibility embedded in the Immigration and Nationality Act (INA) (Harrington 32).
Secondly, border security, as an element of immigration issues, exists to control all the possible means and ways that people and goods enter the country. More specifically, the U.S. has put in place measures to guard official ports of entry and, at the same time, patrol both the land and maritime borders to curb illegal entry. In the recent past, Congress has enacted stringent measures to prevent illegal immigration at the border.
Thirdly, legal immigration describes various issues, including permanent and temporary admissions. Some foreign individuals initially admitted temporarily may follow the proper channels to secure permanent residency (Harrington 6). However, the main challenge ailing the legal immigration system revolves around “balancing the hopes of employers to increase the supply of legally present foreign workers” (Harrington 34). Some key factors that guide permanent immigration are the admission of immigrants with needed skills, the reunification of families, and the need to protect refugees.
The last element of immigration issues is documentation and verification. The initial efforts to secure immigration documents emphasized the need to develop documents that were difficult to counterfeit. The aim here was to prevent issues related to fraud and unauthorized employment. However, today, the focus has shifted to document integrity and personal identification.
An example of an interest group that is directly involved in issues related to immigration is the American Immigration Council (AIC). The group was introduced in 1987 by the American Immigration Lawyers Association (AILA). The main goal of AILA is to advocate for the expansion of immigration to the U.S. as well as granting legal status to immigrants (de la Peña et al., 153). AIC often files lawsuits in the courts to advance its policy objectives.
The Role of Interest Groups in American Politics
An interest group can be described as an organization comprising members who share common interests. Although the term interest group was not included in the U.S. Constitution, as cited by Holyoke, “the framers were aware that individuals would band together in an attempt to use government in their favor” (25). The members’ primary objective is to try to influence government policies that directly impact those interests.
Holyoke (23) defined an interest group as any organization whose mission is to influence or affect government decisions. This broad definition includes organizations such as charities, churches, professional and trade associations, political action committees (PACs), and labor unions. However, the specific interest group that has a direct impact on American politics is PACs.
PACs have started dominating U.S. politics since the 1970s (Holyoke 25). They have increased significantly recently following the passage of the financial reforms that aim at restricting individual contributions to campaigns. Today, PACs have helped shape the face of American politics and elections.
Conclusion
In line with the above, interest groups, specifically PACs, play an essential role in American political campaigns. This group’s main aim is to help ensure candidates who support their interests on various subjects are successfully elected, while those who oppose them get defeated. PACs serve as special political arms driven by the agenda of serving the interests of the general public.
Elected officials often complain about this interest group’s role and influence on American politics. The truth, however, is that interest groups collaborate with members of Congress and administrators to draft policy initiatives and legislation deemed necessary by the general public. They also offer support by providing information on essential issues to the general public and government officials.
Works Cited
deButts, Daniel. “A Game Theoretic Analysis of Marbury v Madison: The Origins of Judicial Review.” James Blair Historical Review, vol. 9, no. 2, 2019. Web.
de la Peña, Cristina Muñiz, et al. “Working with Parents and Children Separated at the Border: Examining the Impact of the Zero Tolerance Policy and Beyond.” Journal of Child & Adolescent Trauma, vol. 12, no. 2, 2019, pp. 153–164. Web.
Harrington, Ben, and Library of Congress. “Legalization Framework under the Immigration and Nationality Act (INA).” CRS Reports (Library of Congress. Congressional Research Service), 2020. Web.
Holyoke, Thomas T. Interest Groups and Lobbying. Routledge, 2020.
Kersch. Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism. Cambridge University Press, 2019.
Kobayashi, Masaya. “Political Philosophies and Positive Political Psychology: Inter-Disciplinary Framework for the Common Good.” Frontiers in Psychology, vol. 12, no.3, 2021. Web.