Judicial Review: The Court's Power
Remember:
✓ Judicial review isn't in the Constitution—John Marshall gave the Supreme Court this power in Marbury v. Madison by striking down a law while avoiding a political confrontation
✓ Courts only rule on actual cases with plaintiffs who have standing, but they choose which cases to hear and how broadly to interpret constitutional text
✓ The same power expands and contracts depending on judicial philosophy—Lochner-era courts struck down labor laws, Warren Court expanded civil rights, Roberts Court overturns precedent to restrict rights
✓ Judicial review makes lifetime-appointed judges the final word on what the Constitution means, giving them power to override elected branches and prior Courts' decisions
Judicial Review: The Court's Power
Remember:
✓ Judicial review isn't in the Constitution—John Marshall gave the Supreme Court this power in Marbury v. Madison by striking down a law while avoiding a political confrontation
✓ Courts only rule on actual cases with plaintiffs who have standing, but they choose which cases to hear and how broadly to interpret constitutional text
✓ The same power expands and contracts depending on judicial philosophy—Lochner-era courts struck down labor laws, Warren Court expanded civil rights, Roberts Court overturns precedent to restrict rights
✓ Judicial review makes lifetime-appointed judges the final word on what the Constitution means, giving them power to override elected branches and prior Courts' decisions
Judicial Review: The Court's Power
Remember:
✓ Judicial review isn't in the Constitution—John Marshall gave the Supreme Court this power in Marbury v. Madison by striking down a law while avoiding a political confrontation
✓ Courts only rule on actual cases with plaintiffs who have standing, but they choose which cases to hear and how broadly to interpret constitutional text
✓ The same power expands and contracts depending on judicial philosophy—Lochner-era courts struck down labor laws, Warren Court expanded civil rights, Roberts Court overturns precedent to restrict rights
✓ Judicial review makes lifetime-appointed judges the final word on what the Constitution means, giving them power to override elected branches and prior Courts' decisions