Judicial Review Flashcards
What is the power of Judicial review?
The power to declare acts of Congress, executive or of the states unconstitutional and thus null and void
Is the power of judicial review in the constitution?
no
Following which case did the court assume the power of judicial review?
Marbury vs Madison 1803, the first time the court declared an act of congress unconstitutional
Compare the number of acts struck down in the 1940s compared with the 1980s
In the 1940s, only 2 federal and 58 state laws were struck down
In the 1980s, 16 federal laws and 161 state laws were struck down
One definition of judicial activism is known as what?
Legislating from the bench
What two things can judicial activism be?
A period where judges use their powers to promote a personal cause or view (as an activist) or when judges use their powers more frequently
What is judicial restraint?
When a justice is hesitant to strike down laws not obviously unconstitutional.
In judicial restraint, how is the judiciary as an institution viewed?
They view the Supreme Court as the most insignificant of the three branches, with judges having no popular mandate
Through judicial review, justice need effectively to do what?
Update a 220 year old document
Give two examples of amendments that justice need to update
What the first amendment right of freedom of speech means for the internet or what the 8th amendment right against cruel and unusual punishment now means
Which is the equal protection and due process clause?
14th amendment
When was the 14th amendment passed?
1868
What did the 14th amendment 1868 mark the beginning of?
The constitution specifically restricting the actions that individuals states could take against their citizens
What two things is due process?
The substance of the law must be awarded fairly, reasonably and constitutionally, and procedural, the process of law must be fair
