Judicial Review

Definition

Judicial review is the power of courts to assess whether a law or government action is in accordance with the Constitution. This principle ensures that legislative and executive actions do not violate constitutional provisions, thus serving as a critical check on governmental power. It was established in the landmark case Marbury v. Madison in 1803, which set the precedent for the role of the judiciary in upholding constitutional rights and interpreting the law.

5 Must Know Facts For Your Next Test

1. Judicial review allows courts to strike down laws that they determine are unconstitutional, thereby protecting individual rights and maintaining the rule of law.
2. The concept of judicial review is not explicitly mentioned in the Constitution but was inferred through its structure and principles.
3. The Supreme Court's ability to exercise judicial review has evolved over time, influencing landmark decisions on civil rights, federalism, and the scope of government power.
4. Judicial review serves as a critical mechanism for maintaining the balance of power between federal and state governments, ensuring that neither oversteps its authority.
5. Key cases beyond Marbury v. Madison, such as Brown v. Board of Education and Roe v. Wade, showcase how judicial review has played a vital role in shaping social policy and civil rights in America.

Review Questions

• How did Marbury v. Madison establish the foundation for judicial review in the United States?
  • Marbury v. Madison set the precedent for judicial review by asserting that it is the duty of the judiciary to declare what the law is. The Supreme Court ruled that it had the authority to invalidate laws that contradict the Constitution. This landmark decision effectively empowered the judiciary to act as a check on legislative and executive actions, ensuring they adhere to constitutional principles.
• In what ways does judicial review contribute to the system of checks and balances within the U.S. government?
  • Judicial review plays a crucial role in checks and balances by allowing courts to evaluate and potentially nullify actions taken by Congress and the President that are deemed unconstitutional. By exercising this power, the judiciary can prevent any branch of government from exceeding its authority or infringing on individual rights. This interdependence among branches ensures that no single entity holds absolute power, fostering accountability in governance.
• Evaluate the implications of judicial review on civil rights legislation and social change throughout U.S. history.
  • Judicial review has had profound implications on civil rights legislation and social change by allowing courts to interpret constitutional protections in ways that promote equality and justice. Landmark rulings such as Brown v. Board of Education dismantled segregation laws, while Roe v. Wade affirmed women's reproductive rights. These decisions not only reflect evolving societal values but also underscore how judicial review can serve as a catalyst for significant legal reforms, challenging existing norms and expanding civil liberties.

Related terms

Marbury v. Madison:

A landmark Supreme Court case that established the principle of judicial review, affirming the court's authority to invalidate laws that conflict with the Constitution.

Constitutionalism: The practice of limited government brought about by a constitution, which defines the distribution of power among branches and ensures adherence to the rule of law.

Checks and Balances: A system in which each branch of government (executive, legislative, and judicial) has powers that can limit the actions of the other branches, ensuring no single branch becomes too powerful.