Judicial Review

Question 1

What rule did Marbury v. Madison establish?

Answer 1

Rule: Based on structural inferences, SCOTUS has the power of judicial review. “It is emphatically the province and duty of the judicial department to say what the law is.”

Question 2

Can SCOTUS decide when laws are unconstitutional and if so, why?

Answer 2

i. Court has a duty to interpret legislation to see if it conflicts with Constitution, and, if there is, make a determination
ii. Authority to decides cases arising under Constitution implied the power to declare unconstitutional laws conflicting with this basic legal character
iii. Judges would violate their oath if they enforced unconstitutional laws
iv. Constitution is the supreme law in the land – mentioned first (true will of the people). Limits government, not the states. When there is a conflict with law, Constitution wins

Question 3

What, if anything, gives the Constitution supremacy?

Answer 3

1. Supremacy Clause – Article VI
2. Framework of Constitution (Congress cannot judge their own actions)
3. Written – point of Constitution is to limit the gov’t
4. People established the Constitution. No branch can be omnipotent – people are the original source of power.

Question 4

Is the omnipotence of SCOTUS limited and if so, in what way(s)?

Answer 4

Omnipotence of SCOTUS is limited because (1) SCOTUS can only adjudicate issues before them; (2) SCOTUS can only make decisions within precedent and law; and (3) there is no obligation to provide jurisdiction to courts