November 10, 2003
The judiciary has been very busy reversing the decisions made by the voters as well as the legislative and executive branches. First it was the do-not-call list. That was followed by the Partial Birth Abortion Ban.

Now a lone member of the court has overturned Missouri's new concealed gun measure:

The ruling by Circuit Judge Steven Ohmer made permanent an injunction against the law, which lawmakers approved in September by overriding a veto by Gov. Bob Holden. A statement from Ohmer said the law violates Article I, Section 23 of the Missouri Constitution that states the right to bear arms "shall not justify the wearing of concealed weapons.''

The framers separated the Federal Government into three branches within the Constitution in order to maintain a series of Checks and Balances. In recent times, there has been a drastic increase in the number of laws or voter propisitions which have been reversed by judiciary. At the Federal level, Judges are appointed and not elected and there is no term on their service.

The first judicial override was in 1801 (Marbury v Madison). Some interesting perspective on the design, role and abuse of the judiciary is here:

**The important thing to remember is that this is the first time the Court rules that a law is unconstitutional. This creates the power of judicial review. You must know what judicial review is and you must associate it with the Marbury Case. This is always a Regents question.

The court, in ruling this way, sets what is known as a precedent. The power of judicial review is not in the constitution. It is precedent. It is done because it was done before. This is the power of the Court. They set precedent. The lower court must rule based upon the supreme court ruling or they will just be overturned on appeal. The only was to overturn a supreme court decision is by passing an amendment to the Constitution or by having the Court overturn its own precedent with a later case. Something that is sometime done.

If judicial review is not in the Constitution, could it be considered unconstitutional (or at least non-constitutional)?
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