Judicial Review Flashcards
Judicial Review in General
Constitution does not expressly grant the courts power to review constitutionality of federal or state laws or executive actions
What is the first take away from Marbury v. Madison?
It creates the authority for judicial review of executive actions
➢ Areas in which individual rights and therefore gov. duties to protect them
➢ Areas in which the executive has discretion, this area can only be checked by the political process
What is the second take away from Marbury v. Madison?
Establishes that Art. III is the ceiling of fed. court jurisdiction
➢ Congress can’t expand the scope of jurisdiction of the supreme court
➢ Marbury stands for the belief that Art. III is the maximum jurisdiction of the fed. courts→can’t gain jurisdiction by consent and Congress can’t ask the courts to hear cases that don’t arise under the constitution
What is the third take away from Marbury v. Madison?
The judiciary may review legislative acts to determine constitutionality
➢ Court says that is it a court of appellate jurisdiction and not original jurisdiction unless stated
What is the take away from Hunter’s Lessee?
Established fed. judicial review of state court decisions involving federal law
• Enacts the supremacy clause to say that federal law trumps state law
• This is to ensure uniformity in the interpretation of federal law
What is the take away from Cohens?
Fed courts can review state court decision regarding state law
