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
(No Transcript)