Judicial Review

Question 1

What is judicial review?

Answer 1

-power of courts to decide whether law or action is lawful or unlawful

Question 2

What was the power of judicial review discovered?

Answer 2

-not stated in constitution
-‘discovered’ during Marbury v Madison case 1803

Question 3

What was the Marbury v Madison case?

Answer 3

-1803 ruling means SC can interpret constitution + make it fit present day
-e.g. 8th Amendment that forbids ‘cruel + unusual punishments’
-1810 SC declared first state law unconstitutional in Feltcher v Peck through judicial review

Question 4

Why else is the power of judicial review important?

Answer 4

-SC is guarantor of civil rights + liberties e.g. protecting people’s rights + freedoms from discriminatory interference by gov
-aims resolve disputes that have divided the people e.g. racial discrimination gun control
-political importance — resolves discoursed elections e.g. Bush v Gore 2000

Question 5

What was the Bush v Gore case and what happened?

Answer 5

-SC ruled should be no manual recount after election as hadn’t been organised effectively within 5 week time limit
-wasn’t a standardised recount method

Question 6

What does the SC being a quasi-legislative body mean + why is this important?

Answer 6

-its decisions have same effect as laws being passed
-e.g. Roe v Wade

Question 7

What was the Roe v Wade case of 1973?

Answer 7

-addressed issue of abortion under constitution
-SC used power to strike down state laws that restricted woman’s right to choose
-this right not explicitly stated but implied by due process clause of 14th amendment
-case set precedent for how judiciary interprets rights + limits of state power

Question 8

What is the significance of judicial review?

Answer 8

-allows SC strike down laws passed by legislatures (Congress or state) if at odds with constitution
-SC can rule against actions of gov (federal or state)

Question 9

How is judicial review significant in terms of presidential power?

Answer 9

-judicial review can check pres power
-e.g. US v Texas 2016 struck down obamas executive order that 5m illegal immigrants given indefinite delay in deportation

Question 10

What does judicial review do regarding rights?

Answer 10

-ensures civil liberties of ordinary Americans are not infringed by executives or legislatures
-gives 9 unelected justices enormous power over elected federal + state legislatures