Judicial Review

Definition

Judicial review is the power of courts to examine the actions of the legislative and executive branches of government and to determine whether those actions are in line with the Constitution. This authority ensures that laws and policies adhere to constitutional principles, serving as a check on governmental power and upholding the rule of law.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison (1803), where Chief Justice John Marshall asserted the Supreme Court's authority to invalidate laws that conflicted with the Constitution.
2. This power allows courts to interpret the Constitution, setting important precedents that affect future legislation and executive actions.
3. Judicial review serves as a vital mechanism for protecting individual rights by enabling courts to strike down laws that violate constitutional freedoms.
4. While judicial review primarily involves federal courts, state courts also possess this power to assess state laws for constitutional compatibility.
5. The application of judicial review can lead to significant political and social change, often stirring public debate and influencing legislative agendas.

Review Questions

• How does judicial review illustrate the principle of checks and balances within the American political system?
  • Judicial review exemplifies checks and balances by allowing the judiciary to limit the powers of the legislative and executive branches. When courts invalidate laws or executive actions, they ensure that no branch exceeds its constitutional authority. This creates a dynamic where each branch must consider the limits imposed by the Constitution, maintaining a balance of power that is essential for democracy.
• Discuss the impact of judicial review on public policy decisions made by Congress and the President.
  • Judicial review significantly influences public policy by allowing courts to assess the constitutionality of laws passed by Congress or actions taken by the President. When a law is challenged in court, its outcome can shift legislative priorities and compel lawmakers to reconsider their approaches. Additionally, when landmark rulings emerge from judicial review, they can reshape social issues, affecting areas like civil rights, healthcare, and education policy.
• Evaluate how judicial review has evolved over time in relation to significant Supreme Court cases and their implications for American democracy.
  • Judicial review has evolved considerably since Marbury v. Madison, with various Supreme Court cases redefining its scope and application. Decisions like Brown v. Board of Education reshaped civil rights by overturning segregation laws, while Roe v. Wade addressed reproductive rights and sparked ongoing debates about personal liberties. These cases illustrate how judicial review serves not only as a legal tool but also as a catalyst for social change, reflecting evolving societal values within American democracy.

Related terms

Constitutionalism: The principle that government authority is derived from and limited by a constitution, establishing the framework for legal governance.

Checks and Balances: A system that ensures no single branch of government becomes too powerful by providing each branch with measures to limit the powers of the others.

Supreme Court:

The highest federal court in the United States, which has the ultimate authority on interpreting the Constitution and adjudicating disputes involving federal law.