Judicial Review Flashcards
Judicial Review
Definition- The Supreme Court’s authority to review the actions of the legislative and executive branches, lower federal courts, and state courts to determine their constitutionality.
- History-Marbury v. Madison (1803)
- SCOTUS appellate role not specified in Constitution
- Text- Article III, § 2
- Rule-
- provence and duty to determine what the law is (public face)
- provence and duty to determine rights of individuals in individual cases and controversies brought before the court
Cooper v. Aaron
History- Brown v. Board was decided by SCOTUS. Arkansas Gov. said that they weren’t a party to the case and didn’t have to abide by it if legislature passed law to the contrary.
Text- Article 6, §2- The Constitution and the laws of the US…shall be the supreme law of the land; and the judges in the states shall be bound thereby…any thing in the constitution or laws of any state to the contrary notwithstanding.
Rule-
- Constitution is supreme law of the land
- SCOTUS decisions are binding on all states
Martin v. Hunter’s Lessee
History- Treatie was in conflict with a state law regarding property of loyalists- whether it could be seized.
Text-
- Art. 3, § 2
- Judiciary Act of 1789, § 25
- granted a right to appeal on decisions of state courts to SCOTUS regarding federal law issues provided they exhausted all appeals within the state.
Rule-
- SCOTUS has appellate power over state courts on matters on federal law
- state courts are bound the rulings of SCOTUS
Cohens v. Virginia
History- Cohen was selling lottery ticket from DC in Virginia & was charged under Virginia law for doing so.
Text-
- Art. 3, § 2
- Judiciary Act of 1789, § 25
Rule-
- SCOTUS has appellate jurisdiction under §25 of the Judiciary Act to review state criminal proceedings
- said §25 is constitutional- you can appeal issues from state court criminal decisions that involve federal law in SCOTUS
Exceptions Clause Issues
History- No cases on point
Text- Art. 3, § 2- SCOTUS has appellate jurisdiction, with such exceptions and under such regulations as the Congress shall make.
Rule- Congress can make decisions on SCOTUS appellate jurisdiction, but there are not cases on point to determine what this might entain or how far they could go.
