Judicial Review Flashcards
1
Q
Marbury v. Madison (1803)
A
Established authority for judiciary to review constitutionality of executive & legislative acts
Enlarged judiciary’s power by giving them the power to review Congress acts/police other branches
Court can’t apply unconstitutional law to decide a case
2
Q
Cooper v. Aaron (1958)
A
Art. VI makes Constitution is supreme law of the land, Arkansas is bound to follow Brown decision
Implications: ensures stability in political system; finality on an issue; insulated from political process makes it ‘better; for SC to decide
3
Q
Ex parte McCardle (1869)
A
limits of Congress regulation of Court
Holding: Appellate jurisdiction in SC isn’t derived from acts of Congress but conferred from Constitution – conferred w/ exceptions that Congress can make
