Judicial Review

Definition

Judicial review is the power of courts to examine and invalidate actions of the legislative and executive branches if those actions are found to be unconstitutional. This crucial function ensures that laws and government actions align with the Constitution, protecting individual rights and maintaining the rule of law.

5 Must Know Facts For Your Next Test

1. Judicial review was not explicitly stated in the Constitution but was established by Chief Justice John Marshall in the case of Marbury v. Madison.
2. It serves as a check on the powers of the other branches of government, ensuring that legislative and executive actions comply with constitutional mandates.
3. Judicial review contributes to the protection of minority rights by allowing courts to overturn laws that may be popular but infringe upon individual liberties.
4. The scope of judicial review has evolved over time, with significant implications for federalism and the relationship between state and federal laws.
5. Supreme Court justices have used judicial review to shape policy on critical issues such as civil rights, reproductive rights, and governmental powers.

Review Questions

• How does judicial review function as a check on the powers of the legislative and executive branches?
  • Judicial review functions as a check on legislative and executive powers by allowing courts to evaluate whether actions taken by these branches are constitutional. If a law or executive action is found to violate constitutional principles, it can be struck down by the judiciary. This process helps maintain a balance of power within the government, ensuring that no branch can exceed its authority without accountability.
• Discuss the impact of judicial review on federalism and its role in shaping the relationship between state and federal laws.
  • Judicial review significantly impacts federalism by providing a mechanism for resolving conflicts between state and federal laws. The Supreme Court uses judicial review to interpret the Constitution, determining which laws are valid under its provisions. This ability to invalidate state laws that contradict federal statutes or constitutional principles reinforces the supremacy of federal law and shapes the dynamic between state and federal authority in governance.
• Evaluate how judicial review has influenced landmark decisions related to civil rights and liberties in American history.
  • Judicial review has played a pivotal role in advancing civil rights and liberties through landmark Supreme Court decisions. Cases such as Brown v. Board of Education utilized judicial review to overturn segregation laws, asserting that they violated the Equal Protection Clause. This ability for courts to challenge discriminatory practices has led to significant changes in social policy, showcasing how judicial review can be a powerful tool for social justice when the political process fails to protect individual rights.

Related terms

Marbury v. Madison:

A landmark Supreme Court case in 1803 that established the principle of judicial review, allowing the Supreme Court to declare an act of Congress unconstitutional.

Constitutional Supremacy: The doctrine that the Constitution is the supreme law of the land, and any law or government action that conflicts with it is void.

Separation of Powers:

A fundamental principle of American government that divides power among three branches: legislative, executive, and judicial, preventing any one branch from gaining too much power.