Title: Establishing the Power of Judicial Review
1Establishing the Powerof Judicial Review
2I. 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
3II. 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
4III. 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
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