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Establishing the Power of Judicial Review

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II. Judicial Review at Founding. Federalist 78 (1788) (p. 75-76) ... Judiciary is the 'least dangerous' branch - Courts can observe, guard these limits ... – PowerPoint PPT presentation

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Title: Establishing the Power of Judicial Review


1
Establishing the Powerof Judicial Review
2
I. Judicial Review
  • Its Definition or Description (p. 23)
  • Power to Review and, Possibly to Nullify Any

- federal and state statutes
  • Executive action by presidents,
  • prosecutors, police

- That the Court considers unconstitutional
  • Cases in this Course All by Judicial Review

- Examples already Valley Forge v. AUSCS
3
II. Judicial Review at Founding
  • Concern at Constitutional Convention (1787)
  • Federalist 78 (1788) (p. 75-76)

- Limited government under written Constitution
- Courts can observe, guard these limits
through a kind of judicial review
- Even with the mighty power of judicial review..
Judiciary has neither purse nor sword
Judges exercise judgment not will
- Judiciary is the least dangerous branch
4
III. Establishing Judicial Review Marbury
v. Madison (1803)
  • Note History, Parties, Principles of the Case
  • Marshall Brings Constitution to Bear on the
  • Statute and its Lawsuit

- Upon review, statute at odds with Const.
- Which should the Court enforce?
- To decide, Court must look into Const.
- Constitution is superior, paramount law
- A law repugnant to the Constitution is void
- The Court speaks for, enforces Constitution
5
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