Judicial Review

Definition

Judicial review is the power of the judiciary to examine the actions of the legislative and executive branches of government and to determine whether they are consistent with the constitution. It is a crucial check on the power of the other branches and helps maintain the balance of power in the government.

5 Must Know Facts For Your Next Test

1. Judicial review allows the courts to strike down laws or actions that they deem unconstitutional, serving as a check on the other branches of government.
2. The power of judicial review was first established in the Supreme Court case Marbury v. Madison in 1803, which affirmed the courts' authority to interpret the Constitution.
3. Judicial review is an important safeguard against the tyranny of the majority, as it protects the rights of minority groups and individuals from the overreach of the legislative and executive branches.
4. The Supreme Court's exercise of judicial review has been controversial at times, with critics arguing that it allows unelected judges to override the will of the people expressed through their elected representatives.
5. Judicial review has been a key factor in the development of civil rights and civil liberties in the United States, as the courts have used it to protect individual freedoms and to strike down laws that discriminate against minority groups.

Review Questions

• Explain how the principle of judicial review emerged and its significance in the American system of government.
  • The principle of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803. In this decision, the Court asserted its authority to interpret the Constitution and to strike down laws or actions that it deems unconstitutional. This power of judicial review is a crucial check on the legislative and executive branches, ensuring that they do not exceed the limits of their constitutional authority. Judicial review is a key component of the system of checks and balances that underpins the American government, preventing any one branch from becoming too powerful and safeguarding the rights and liberties of the people.
• Describe the role of judicial review in the context of the Dred Scott decision and the sectional strife leading up to the Civil War.
  • The Dred Scott decision of 1857 was a landmark Supreme Court case that exemplified the power of judicial review and its potential for controversy. In this case, the Court ruled that African Americans, whether enslaved or free, could not be considered citizens of the United States and therefore had no standing to sue in federal court. This decision effectively denied the rights of African Americans and helped to exacerbate the growing sectional tensions between the North and South over the issue of slavery. The Dred Scott ruling was widely criticized in the North as an overreach of judicial power, and it contributed to the growing divide that ultimately led to the outbreak of the Civil War. The case highlighted the significant impact that the courts can have on contentious political and social issues through the exercise of judicial review.
• Analyze the long-term implications of the Supreme Court's use of judicial review, particularly in regards to its role in shaping the course of American history and the ongoing debate over the proper scope of judicial power.
  • The power of judicial review has had far-reaching implications for the course of American history. Through its ability to strike down laws and actions deemed unconstitutional, the Supreme Court has played a pivotal role in shaping the development of civil rights, civil liberties, and the balance of power between the branches of government. However, the Court's exercise of judicial review has also been the source of significant controversy, with critics arguing that it allows unelected judges to override the will of the people expressed through their elected representatives. This ongoing debate over the proper scope of judicial power reflects the fundamental tension between the need for an independent judiciary to protect individual rights and the principle of democratic self-governance. As the Supreme Court continues to wield the power of judicial review, its decisions will undoubtedly continue to have profound and far-reaching consequences for the trajectory of American society and the evolution of the constitutional order.

Related terms

Checks and Balances:

The system of distribution of power among the three branches of government (legislative, executive, and judicial) to prevent any one branch from becoming too powerful.

Separation of Powers:

The division of government into three branches (legislative, executive, and judicial) with distinct powers and responsibilities to prevent the concentration of power in any one branch.

Marbury v. Madison: The landmark 1803 Supreme Court case that established the principle of judicial review, giving the courts the power to declare acts of Congress unconstitutional.