Supreme Court : Judicial Review Flashcards
What is judicial review
The power of the US Supreme Court to interpret the constitution and to judge whether laws passed by congress and executive are in line with the constitution
If the Supreme Court judges law or action as unconstitutional,what can they do ?
Will strike down or reverse the law or action
Why is the power of judicial review highly important ?
Allows the Supreme Court to decide on how the constitution should be interpreted and applied
If the Supreme Court decide how the constitution should be interpreted and applied what does this mean they can do for the constitution?
So can update the constitution if it changes how it should be interpreted
Why is the Supreme Court important to the check and balances in the constitution?
Allows the judiciary to prevent the executive and congress from exceeding their powers or violating principles of the constitution
The constitution does not explicitly state that the Supreme Court has the power to interpret constitution, so what gives this power ?
Judicial review
Judicial review was established by the Supreme Court in the case of what ?
Marbury V Maddison (1803)
Judicial review was established by the Supreme Court in the case of what ?
Marbury V Maddison (1803)
What does the Marbury V Maddison (1803) case establish in the case of Supreme Court ?
Established the principle of that the Supreme Court has the final say in interpreting the constitution and has the invalidate laws that it is unconstitutional
What case reinforced the power of judicial review by expanding state laws ?
Fletcher V Peck (1810)
Example of How fletcher v Peck (1810) reinforce the power of judicial review by expanding state law ?
Ruled that the Georgia state law was unconstitutional , first time Supreme Court has invalidated a state law so not only federal law but state legislation
Example of judicial review in practise (now)
- Dobbs V Jackson Women’s Health organisations (2022)
- Brown V Board of education (1945)
Judicial review in practise
How did the Dobbs V Jackson women’s health organisation (2022) show the power of judicial review ?
As the Supreme Court reinterpreted the constitution to judge that there wasn’t a constitutional right to an abortion
Judicial review in practise
How was the Dobbs v Jackson women’s health organisation 2022 overturned ?
Overturn own example of Roe V wade and planned parenthood V Casey concerning abortion right
Judicial review in practise
What was the response of the Supreme Court after overturning using the example of Rode V Wade
The court reviewed that the constitutionality of a Mississippi law that banned most abortions after 15 weeks
Judicial review in practise
With the courts decision to constitutionally of Mississippi banning most abortions before 15 weeks, what did this decision do
The court scrutinised the legal and constitutional basis for abortion rights and determined that roe vs Casey was incorrectly decided and constitution does not grant right to abortion
By the court ultimately deciding that the Roe v Casey was incorrectly decided and that the constitution does not give right to abortion, where does this shift authority ?
Shifts the authority to regulate abortion back to the state
Example of a high profile judicial review
brown V Board of education (1954)
Why was brown v board of education (1954) a high profile example of judicial review ?
Supreme Court used its power to end racial segregation in public schools
Judicial review in practise
What did the Supreme Court decide concerning the Brown Vs Board of education (1954 )
The court decided that separating children in public schools based on race was unconstitutional
Judicial review in practise
Why did the Supreme Court decide that seperating children in public schools based on race was unconstitutional
Because it violated the equal protection clause of the 14th amendment
What did the supreme court rule overturn based on the separate children in schools based on race
That The previous ‘seperate but equal’ standard from Plessy V Ferguson (1896) declaring that seperate schools for black and white students was inherently unequal
How did the brown vs Board of education (1954) create a significant step.
Was a significant step to the civil right movement leading to desegregation of schools and greater emphasis on equality in education and other aspects of American society
Why was the Supreme Court role in the brown vs Board of education a highlight of change in rights ?
Supreme Court role in correcting societal injustices and interpreting constitution to reflect contempary understanding of equality and rights
What are the 3 advantages of supreme courts power of judicial review ?
- Ensures that all laws and governments actions align with the constitutional principles and protections
- Judicial review acts as checks on legislative and executive branch preventing overreach and abuse of power
- Interpretates constitution to evolve with societal change applying to modern context
By one of the advantage of Supreme Court as a judicial review and Ensures that all laws and governments actions align with the constitutional principles and protections, what does this mean ?
safeguards individuals rights/liberties and principles of constitution by reviewing and invalidating laws that infringe constitutional protection
Disadvantages against Supreme Court power of judicial review
- Power of judicial review is not explicitly mentioned within the constitution but instead giving to Supreme Court by themselves
- Undermines democracy as unelected judges have significant power to overturn laws passed by elected legislation concentrated too much power to them that reflecting will of people
- Not based on legal objective principles but based on personal, philosophical or political beliefs
