Judicial Review Flashcards
Where does Supreme Court’s principal power come from?
judicial review
Judicial review
Power of court to declare acts of the other branches of government as unconstitutional, and therefore, null and void
Where does judicial review originate from?
Marbury v. Madison
Textualists
evaluate Constitution only by what is on the page. Ignores historical context.
Constitution as “Living Document”
Adapting Constitution to the modern day, and accepting the meaning changes over time.
Originalists
Frame text in context of the time period it was written in.
Under what 2 principles did the 14th Amendment widen litigation?
- Equal protection
- Due process
Where in the Consitution due process?
5th Amendment and 14th Amendment
Procedural Due Process
Ensures citizens are treated fairly before “life, liberty, or property” is taken from them by the government
Examples of Procedural Due Process
Evidence collection, Exclusionary Rule, Rules around trial
Substantive Due Process
Some rights are so fundamental, that they deserve protection from governmental intrusion
Do rights under Substantive Due Process have to be in the Constitution?
DO NOT have to be explicit in the Constitution
Equal Protection
Protects individuals or classes of people from Government discrimination
3 tiers of scrutiny to evaluate discriminatory laws
- Strict
- Intermediate
- Rational Basis
Strict Scrutiny
Highest level of scrutiny
(race, religion, national origin)
