What is Judicial Review?
Judicial review is the power of the courts to declare laws unconstitutional. This power is not explicitly granted to the courts in the United States Constitution, but it has been inferred from the Constitution’s Supremacy Clause, which states that the Constitution is the supreme law of the land.
The Supreme Court first exercised its power of judicial review in the case of Marbury v. Madison (1803). In that case, the Court declared that a law passed by Congress was unconstitutional. This decision established the principle that the courts have the power to strike down laws that they believe violate the Constitution.
Judicial review is an important power that helps to ensure that the government does not violate the rights of the people. It is also a power that can be abused, and it is important for the courts to exercise this power carefully.
The History of Judicial Review
The idea of judicial review is not new. It was first proposed by the English philosopher John Locke in his book “Second Treatise of Government” (1690). Locke argued that the people have the right to overthrow a government that violates their rights. He also argued that the courts have the power to declare laws unconstitutional.
The idea of judicial review was also discussed by the Founding Fathers of the United States. In Federalist No. 78, Alexander Hamilton argued that the courts should have the power to strike down laws that they believe violate the Constitution.
The Supreme Court first exercised its power of judicial review in the case of Marbury v. Madison (1803). In that case, the Court declared that a law passed by Congress was unconstitutional. This decision established the principle that the courts have the power to strike down laws that they believe violate the Constitution.
The Use of Judicial Review
The Supreme Court has used its power of judicial review to strike down a number of laws over the years. Some of the most famous examples include:
- Brown v. Board of Education (1954): The Court declared that racial segregation in public schools was unconstitutional.
- Roe v. Wade (1973): The Court declared that women have a constitutional right to abortion.
- Bush v. Gore (2000): The Court decided the outcome of the 2000 presidential election by halting the recount of votes in Florida.
The Debate Over Judicial Review
The use of judicial review is a controversial issue. Some people believe that the courts should have the power to strike down laws that they believe violate the Constitution. Others believe that the courts should defer to the decisions of the elected branches of government.
The debate over judicial review is likely to continue for many years to come. It is a complex issue with no easy answers.
Frequently Asked Questions
What is the power of judicial review?
The power of judicial review is the power of the courts to declare laws unconstitutional.
When did the Supreme Court first exercise its power of judicial review?
The Supreme Court first exercised its power of judicial review in the case of Marbury v. Madison (1803).
What are some examples of laws that the Supreme Court has struck down?
Some of the most famous examples include Brown v. Board of Education (1954), Roe v. Wade (1973), and Bush v. Gore (2000).
What is the debate over judicial review?
The debate over judicial review is a controversial issue. Some people believe that the courts should have the power to strike down laws that they believe violate the Constitution. Others believe that the courts should defer to the decisions of the elected branches of government.
Multiple Choice Questions
The power of judicial review is the power of the courts to:
(a) declare laws unconstitutional
(b) strike down laws that they believe violate the Constitution
(c) both (a) and (b)The Supreme Court first exercised its power of judicial review in the case of:
(a) Marbury v. Madison
(b) Brown v. Board of Education
(c) Roe v. WadeSome of the most famous examples of laws that the Supreme Court has struck down include:
(a) Brown v. Board of Education
(b) Roe v. Wade
(c) Bush v. GoreThe debate over judicial review is a controversial issue because:
(a) some people believe that the courts should have the power to strike down laws that they believe violate the Constitution
(b) others believe that the courts should defer to the decisions of the elected branches of government
(c) both (a) and (b)