The judicial review process

Question 1

Define judicial review

Answer 1

The power of the SC to declare acts of congress, executive actions, or acts or actions of the state governments unconstitutional and thereby null and void

Question 2

How was judicial review ‘found’

Answer 2

In the 1803 Marbury vs Madison case, as this was the first time the SC had declared an act of congress unconstitutional

Question 3

Why did the power of judicial review need to be found in the Marbury v Madison case?

Answer 3

Because it is not enumerated in the constitution

Question 4

Why was the 1810 Fletcher vs Peck case significant?

Answer 4

Because it was the first time that the SC had found a state law unconstitutional

Question 5

What can the SC use judicial review to do to the constitution?

Answer 5

Update the meaning of the words in it

Question 6

Give some examples of how the SC can update the meaning of the words in the constitution to make sure it stays relevant

Answer 6

• The SC can decide what the 8th amendment means when it forbids ‘cruel and unusual’ punishment
• They can decide how the first amendment right to free speech applies to the internet

Question 7

How does former Chief Justice Charles Evan Hughes summarise the idea that SC justices have massive control over what the constitution is and means?

Answer 7

‘We are under a constitution, but the constitution is what the judges say it is’

Question 8

What has the SC used judicial review to involve itself in a wide range of?

Answer 8

Political issues

Question 9

What does the SC use judicial review to act as the guarantor of?

Answer 9

Civil rights and civil liberties

Question 10

Define civil rights

Answer 10

Positive actions by the government to protect people from discriminatory or arbitrary actions from government or people

Question 11

Define civil liberties

Answer 11

Those liberties, mostly set out in the constitution, that protect, people, property and expression from arbitrary state interference

Question 12

Why does judicial review give the SC great political importance?

Answer 12

Because many of the issues it deals with will be the key political issues of the day, the matters over which parties disagree and elections are fought

Question 13

How does Mark Shields highlight the political importance granted to the SC by JR?

Answer 13

He says that the only thing that separates the two parties is abortion, and it is the SC through JR that decides upon the constitutionality of abortion

Question 14

List some of the politically contentious issues the SC has handed down landmark decisions on in recent years

Answer 14

The rights of racial minorities, capital punishment, gun control and freedom of speech

Question 15

Give a 21st century case that indicates the political importance of the SC

Answer 15

Bush vs Gore (2000)

Question 16

Why was Bush v Gore so politically significant?

Answer 16

Five weeks after the 2000 presidential election, the SC ruled that the manual recount scheme created by the Florida state SC was unconstitutional because it violated the equal protection clause of the 14th amendment. The court also ruled that because of the time constraints, ‘any recount seeking to meet the deadline for the vote count will be unconstitutional’. The court was seen by someone to be effectively handing the presidency to GWB

Question 17

Give a recent case that has demonstrated the political importance of the SC

Answer 17

Trump vs Hawaii (2018)

Question 18

How was Trump vs Hawaii politically significant?

Answer 18

The SC ruled by 5-4 that a Trump administration executive order curbing immigration was constitutional, much to the annoyance of the Ds

Question 19

What kind of body does JR turn the SC into?

Answer 19

A quasi legislative body

Question 20

Why can the SC be called a quasi legislative body?

Answer 20

Because there decisions almost have the same effect as a law being passed by congress

Question 21

Give an example of an SC ruling holding more value than congressional legislation on the issue?

Answer 21

When the 1973 Roe v Wade case stated that women do have the constitutional right to choose to have an abortion

Question 22

What has the SC been described as due to the quasi legislative power granted to it by JR?

Answer 22

The third chamber of the legislature