Judicial Review

Definition

The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution, or in a state court, the state constitution. Here is the entire court opinion in the case of Marbury v Madison which established the principal of judicial review in the U.S. Without judicial review the U.S. Congress and President would be greatly empowered and the Supreme Court would be vastly diminished.

Example

 
 

Questions

  1. Describe an example of Judicial Review in current events:

  2. Use judicial review in a sentence of your own design or select an emoji that encapsulates the meaning of judicial review.

  3. When and by what case was judicial review first established in the U.S.?

  4. is judicial review in the words of the original Constitution?

  5. Do you think the United States would be better off without judicial review?

  6. What would U.S. checks and balances be like without judicial review?

  7. What would happen to presidential power without judicial review?

  8. If the Rockettes put on black robes and performed a show would it be called Judicial Review?

  9. What level of government (local, state, federal) is most empowered by judicial review?

  10. What branch is most disempowered by judicial review?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw judicial review. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.


Further (Judicial) Review

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Sixth Amendment

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Seventh Amendment