Supreme Court's power of judicial review

Definition

The Supreme Court's power of judicial review allows it to invalidate laws and government actions that are found to be unconstitutional. This critical authority establishes the judiciary as a key check on legislative and executive power, ensuring that the actions of these branches comply with the Constitution. Judicial review underscores the principle of limited government, reinforcing the idea that no entity is above the law.

5 Must Know Facts For Your Next Test

1. The power of judicial review was not explicitly mentioned in the Constitution but was established by the Supreme Court in the case Marbury v. Madison.
2. Judicial review plays a critical role in protecting individual rights by allowing courts to strike down laws that infringe on constitutional freedoms.
3. The Supreme Court uses judicial review to maintain the rule of law, ensuring that all government actions adhere to constitutional principles.
4. Judicial review can lead to significant social and political change, as seen in cases like Brown v. Board of Education, which addressed racial segregation.
5. The power of judicial review reflects the principle of checks and balances, allowing the judiciary to act as a counterbalance to potential abuses by the legislative and executive branches.

Review Questions

• How does judicial review empower the Supreme Court in its role within the federal government?
  • Judicial review empowers the Supreme Court by giving it the authority to assess and invalidate laws or government actions that violate the Constitution. This ability reinforces the Court's position as a co-equal branch of government, ensuring that both Congress and the Executive must operate within constitutional boundaries. By exercising this power, the Supreme Court helps protect individual rights and maintain the integrity of the Constitution.
• Discuss how judicial review affects the relationship between state and federal laws in America.
  • Judicial review significantly impacts the relationship between state and federal laws by allowing federal courts, particularly the Supreme Court, to invalidate state laws that conflict with federal statutes or constitutional provisions. This ensures a uniform interpretation of laws across states and helps maintain federal supremacy as outlined in the Supremacy Clause. Cases involving judicial review often set important precedents that shape legal standards nationwide.
• Evaluate the implications of judicial review on American democracy and governance.
  • Judicial review has profound implications for American democracy and governance by acting as a guardian of constitutional principles. It prevents majoritarian tyranny by ensuring that minority rights are protected against potential overreach by elected officials. Additionally, it encourages lawmakers to create legislation that aligns with constitutional values, fostering a political environment where respect for individual liberties is paramount. However, it also raises questions about judicial activism versus restraint, as different interpretations can lead to varying outcomes in public policy.

Related terms

Constitutionalism: The principle that government authority is derived from and limited by a body of fundamental law, typically a constitution.

Separation of Powers:

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another, promoting a system of checks and balances.

Marbury v. Madison:

The landmark Supreme Court case in 1803 that established the principle of judicial review in the United States, affirming the Court's authority to declare laws unconstitutional.