What Is Ryan Emenaker's Argument Against Judicial Finality?
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After reading an article in the Times-Standard titled, “High Court Not Final Say on U.S. Law”, Ryan Emenaker uses the Supreme Court’s reviewing process of the Affordable Care Act to help argue against judicial finality - “the concept that the Court has the final word when interpreting the Constitution.” Instead, Emenaker claims that judicial finality is rather a misinterpretation of a power the judicial branch granted themselves; this power is judicial review. Judicial review not even mentioned in the Constitution began being used with the Marbury v. Madison case in 1803. Because judicial review is a self-granted power and the judicial branch has no granted power to enforce their decisions, the Court “failed to strike down an act of Congress