Judicial Review

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Judicial Review

• The Judicial Branch
• Article III

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Jurisdiction

• Original jurisdiction where the case is heard
  first, usually in a trial.
• Appellate jurisdiction cases brought on appeal
  from a lower court.

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Original Jurisdiction

• Ambassadors
• Public Ministries and Consuls
• Issues where the states is one of the parties

Appellate Jurisdiction

• Laws if the United States
• Law and Equity under the Constitution

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Judicial Review

• Definition the right of the federal courts to
  rule on the constitutionality of laws and
  executive actions.
• It is the chief judicial weapon in the checks and
  balances system.
• Controversy
• Federalist Paper 78
• The least feared branch the least dangerous
• It cannot enforce its decisions
• Only the courts can ensure the limits of the
  constitution

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Marbury v. Madison

• Marbury v. Madison (1803) The Supreme Court
  could declare a congressional act unconstitutional

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Supreme Court Decision in Marbury V. Madison

• Marbury is entitled to the commission, but
• The Court cannot issue the writ because the
  Judiciary Act of 1789, is unconstitutional.
• The Supreme Court of the United States has the
  power to review acts of other branches and
  determine their constitutionality.
• This power is called judicial review.

• Article III, Section 2 lays out the original
  jurisdiction of the Supreme Court
• "In all Cases affecting Ambassadors, other public
  Ministers and Consuls, and those in which a State
  shall be a Party, the supreme Court shall have
  original Jurisdiction."

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Arguments for Judicial Activism

• Courts should correct injustices when other
  branches or state governments refuse to do so.
• Courts are the last resort for those without the
  power or influence to gain new laws.

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Arguments Against Judicial Activism

• Judges lack expertise in designing and managing
  complex institutions.
• Initiatives require balancing policy priorities
  and allocating public revenues.
• Courts are not accountable because judges are not
  elected.