Judicial Review (Government & Politics)

Crash Course: Judicial Review (Government & Politics)

Crash Course: Judicial Review

Introduction Imagine you're a judge, and you have to decide whether a law passed by Congress is constitutional or not. Sounds simple, right? But what if that law is really unpopular, or it affects a powerful interest group? Suddenly, being a judge gets a whole lot harder. In fact, it's so hard that it's led to some of the most epic battles in American history.

The Core Idea Judicial review is the power of the courts to declare laws and government actions unconstitutional. It's a game-changer because it means that even the most powerful branches of government – Congress and the President – aren't above the law. And it all started with a guy named John Marshall, who was Chief Justice of the United States from 1801 to 1835.

Key Facts & Figures

• 1787: The Constitutional Convention drafts the US Constitution, which includes the Supreme Court but doesn't explicitly give it the power of judicial review.
• 1791: The Bill of Rights is ratified, which includes the 9th Amendment, which says that the Constitution doesn't list all the rights people have, and that the government can't take them away.
• 1803: Marbury v. Madison, the case that established judicial review, is decided. John Marshall writes the majority opinion, which says that the Supreme Court has the power to declare laws unconstitutional.
• John Marshall: He was a Federalist and a strong believer in the power of the judiciary. He served as Chief Justice for 34 years and wrote many landmark opinions, including Marbury v. Madison.
• Marbury v. Madison: The case involved a dispute over a commission that had been signed by President John Adams but not delivered to the recipient before Adams left office. The Supreme Court ruled that the commission was invalid, but in doing so, it established judicial review.
• McCulloch v. Maryland: In 1819, the Supreme Court ruled that the Constitution gives the federal government the power to charter a national bank, even if it's not explicitly mentioned in the Constitution.
• Dred Scott v. Sandford: In 1857, the Supreme Court ruled that slaves were not citizens and had no right to sue in court. This decision was later overturned by the 13th Amendment.
• Brown v. Board of Education: In 1954, the Supreme Court ruled that segregation in public schools was unconstitutional, marking a major milestone in the Civil Rights Movement.
• Roe v. Wade: In 1973, the Supreme Court ruled that a woman's right to an abortion was protected by the Constitution.
• Citizens United v. FEC: In 2010, the Supreme Court ruled that corporations have the right to spend unlimited amounts of money on political campaigns.

Thought Bubble Imagine you're a lawyer arguing a case before the Supreme Court. You're trying to convince the justices that a law passed by Congress is unconstitutional. You're standing in front of the justices, who are sitting in their robes, looking very serious. You're trying to persuade them that the law is a bad idea, and that it violates the Constitution. But the justices are skeptical, and they're asking you tough questions. You're trying to stay calm and think on your feet, but you're also worried that you might lose the case. Suddenly, one of the justices stands up and says, "I think we have a problem here." And then, in a dramatic moment, the justice declares that the law is unconstitutional. The courtroom erupts in chaos, and you're left wondering what just happened.

Why This Matters

• Checks and balances: Judicial review is a key part of the system of checks and balances in the US government. It ensures that no one branch of government has too much power.
• Protecting individual rights: The Supreme Court has used judicial review to protect individual rights, such as the right to free speech and the right to an abortion.
• Limiting government power: Judicial review has also been used to limit government power, such as in the case of Marbury v. Madison, where the Supreme Court ruled that the President couldn't appoint a judge without Senate approval.
• Influencing public policy: The Supreme Court's decisions on judicial review have had a major impact on public policy, from the Civil Rights Movement to the abortion debate.
• Shaping the Constitution: Judicial review has also shaped the Constitution, as the Supreme Court has interpreted it in various ways over the years.
• Evolving understanding of the Constitution: The Supreme Court's decisions on judicial review have reflected an evolving understanding of the Constitution, as the Court has interpreted it in light of changing social and cultural norms.

Crash Course Recap

• Judicial review is the power of the courts to declare laws and government actions unconstitutional.
• Marbury v. Madison (1803) established judicial review as a key part of the US system of government.
• John Marshall was a key figure in the development of judicial review.
• The Supreme Court has used judicial review to protect individual rights and limit government power.
• Judicial review has had a major impact on public policy and the Constitution.
• The Constitution has been interpreted in various ways over the years, reflecting an evolving understanding of its meaning.
• The Supreme Court has the final say on what is constitutional and what is not.
• Judicial review is a key part of the system of checks and balances in the US government.
• The power of judicial review has been used to shape the course of American history.
• The Supreme Court's decisions on judicial review have had far-reaching consequences for American society.

Quiz Yourself

1. What is judicial review? a) The power of the President to veto laws b) The power of Congress to override the President's veto c) The power of the courts to declare laws and government actions unconstitutional d) The power of the states to nullify federal laws

Answer: c) The power of the courts to declare laws and government actions unconstitutional

1. Who was the Chief Justice who established judicial review in the case of Marbury v. Madison? a) John Marshall b) William Rehnquist c) Earl Warren d) Warren Burger

Answer: a) John Marshall

1. What was the outcome of the case of Marbury v. Madison? a) The Supreme Court ruled that the commission was valid. b) The Supreme Court ruled that the commission was invalid, but didn't establish judicial review. c) The Supreme Court ruled that the commission was invalid and established judicial review. d) The Supreme Court ruled that the commission was valid, but established judicial review.

Answer: c) The Supreme Court ruled that the commission was invalid and established judicial review.

1. What was the significance of the case of Brown v. Board of Education? a) It established the power of judicial review. b) It ruled that segregation in public schools was constitutional. c) It ruled that segregation in public schools was unconstitutional. d) It established the power of the President to veto laws.

Answer: c) It ruled that segregation in public schools was unconstitutional.

1. What was the outcome of the case of Citizens United v. FEC? a) The Supreme Court ruled that corporations have the right to spend unlimited amounts of money on political campaigns. b) The Supreme Court ruled that corporations have no right to spend money on political campaigns. c) The Supreme Court ruled that the law was unconstitutional, but didn't address the issue of corporate spending. d) The Supreme Court ruled that the law was constitutional, but didn't address the issue of corporate spending.

Answer: a) The Supreme Court ruled that corporations have the right to spend unlimited amounts of money on political campaigns.