Supreme Court : Judicial Review

Question 1

What is judicial review

Answer 1

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

Question 2

If the Supreme Court judges law or action as unconstitutional,what can they do ?

Answer 2

Will strike down or reverse the law or action

Question 3

Why is the power of judicial review highly important ?

Answer 3

Allows the Supreme Court to decide on how the constitution should be interpreted and applied

Question 4

If the Supreme Court decide how the constitution should be interpreted and applied what does this mean they can do for the constitution?

Answer 4

So can update the constitution if it changes how it should be interpreted

Question 5

Why is the Supreme Court important to the check and balances in the constitution?

Answer 5

Allows the judiciary to prevent the executive and congress from exceeding their powers or violating principles of the constitution

Question 6

The constitution does not explicitly state that the Supreme Court has the power to interpret constitution, so what gives this power ?

Answer 6

Judicial review

Question 7

Judicial review was established by the Supreme Court in the case of what ?

Answer 7

Marbury V Maddison (1803)

Question 8

Judicial review was established by the Supreme Court in the case of what ?

Answer 8

Marbury V Maddison (1803)

Question 9

What does the Marbury V Maddison (1803) case establish in the case of Supreme Court ?

Answer 9

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

Question 10

What case reinforced the power of judicial review by expanding state laws ?

Answer 10

Fletcher V Peck (1810)

Question 11

Example of How fletcher v Peck (1810) reinforce the power of judicial review by expanding state law ?

Answer 11

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

Question 12

Example of judicial review in practise (now)

Answer 12

1. Dobbs V Jackson Women’s Health organisations (2022)
2. Brown V Board of education (1945)

Question 13

Judicial review in practise

How did the Dobbs V Jackson women’s health organisation (2022) show the power of judicial review ?

Answer 13

As the Supreme Court reinterpreted the constitution to judge that there wasn’t a constitutional right to an abortion

Question 14

Judicial review in practise

How was the Dobbs v Jackson women’s health organisation 2022 overturned ?

Answer 14

Overturn own example of Roe V wade and planned parenthood V Casey concerning abortion right

Question 15

Judicial review in practise

What was the response of the Supreme Court after overturning using the example of Rode V Wade

Answer 15

The court reviewed that the constitutionality of a Mississippi law that banned most abortions after 15 weeks

Question 16

Judicial review in practise

With the courts decision to constitutionally of Mississippi banning most abortions before 15 weeks, what did this decision do

Answer 16

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

Question 17

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 ?

Answer 17

Shifts the authority to regulate abortion back to the state

Question 18

Example of a high profile judicial review

Answer 18

brown V Board of education (1954)

Question 19

Why was brown v board of education (1954) a high profile example of judicial review ?

Answer 19

Supreme Court used its power to end racial segregation in public schools

Question 20

Judicial review in practise

What did the Supreme Court decide concerning the Brown Vs Board of education (1954 )

Answer 20

The court decided that separating children in public schools based on race was unconstitutional

Question 21

Judicial review in practise

Why did the Supreme Court decide that seperating children in public schools based on race was unconstitutional

Answer 21

Because it violated the equal protection clause of the 14th amendment

Question 22

What did the supreme court rule overturn based on the separate children in schools based on race

Answer 22

That The previous ‘seperate but equal’ standard from Plessy V Ferguson (1896) declaring that seperate schools for black and white students was inherently unequal

Question 23

How did the brown vs Board of education (1954) create a significant step.

Answer 23

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

Question 24

Why was the Supreme Court role in the brown vs Board of education a highlight of change in rights ?

Answer 24

Supreme Court role in correcting societal injustices and interpreting constitution to reflect contempary understanding of equality and rights

Question 25

What are the 3 advantages of supreme courts power of judicial review ?

Answer 25

1. Ensures that all laws and governments actions align with the constitutional principles and protections
2. Judicial review acts as checks on legislative and executive branch preventing overreach and abuse of power
3. Interpretates constitution to evolve with societal change applying to modern context

Question 26

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 ?

Answer 26

safeguards individuals rights/liberties and principles of constitution by reviewing and invalidating laws that infringe constitutional protection

Question 27

Disadvantages against Supreme Court power of judicial review

Answer 27

1. Power of judicial review is not explicitly mentioned within the constitution but instead giving to Supreme Court by themselves
2. 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
3. Not based on legal objective principles but based on personal, philosophical or political beliefs