Judicial Review Flashcards
Judicial Review
Gained Power of Courts, not constitution
The ability of the court to review laws
Judicial Independence
free to act without fear of reprisals from other branches.
allows rendering of unpopular choices and rewrite laws
Marbury V. Madison
-Where Judicial Review is established a gained power of the supreme court
-Marbury had commission to be a justice of the peace given to him from previous president, since the new president taking office was a different party.
Marbury V. Madison Ruling
Ruled presidential powers belong soley to the president holding the office. As a result, Marbury was denied commission, and once the president left the office, they held no powers.
Chief Justice John Marshal
slipped in judicial review to the of Marbury V. Madison, any rules made below the constitutional level are examined and rule on their validity by the US Supreme Court.
-This went unnoticed and only people focused on the outcome of the case
How Judicial Review Works
- Law is Passed
- With standing (can bring legal suit)
- Legal suit is brought up in the ordinary court system order, all the way to the supreme court.