Judicial Review STANDARD CE.10b

Supremacy Clause The Constitution of the United States of America is the “supreme law of the land”.

State laws must conform to the Virginia and United States constitutions.

“We are under a constitution, but the Constitution is what the Supreme Court says it is” -Charles Evans Hughes

What is judicial review? The supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of government. This power is called “judicial review”

What does this mean? This means in effect that the Court can overturn any act of Congress or state law if the court believes that the act violates the Constitution.

The power of judicial review is an important check on the legislative and executive branches of government.

How did they get this power? Marbury v. Madison established the principle of judicial review at the national level

Marbury v. Madison (1803) JUDICIAL REVIEW

Facts of the Case The case began on March 2, 1801, when William Marbury, was designated as a judge. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court.

QUIZ

In the case of Marbury v. Madison, the Supreme Court ruled that courts could: Elect the President of the United States Nullify laws as unconstitutional Appoint their own judges Have more power than Congress

The courts’ power to declare a law unconstitutional is called: Judicial priority Supreme interpretation Judicial check Judicial review

Laws can be declared unconstitutional by Congress President Supreme Court Speaker of the House

The supreme law of the land is the Congress President Constitution Justices

No state laws can conflict with the President Legislature Governor Constitution

The case of Marbury v. Madison established the principle of Separate but equal Consent of the governed Due process Judicial review

What is the responsibility of the judicial branch of government? Interpret the law Carry out the law Make the law Record the law

What happens if the Supreme Court declares a law or action to be unconstitutional? Court can overturn any act of Congress or state law if the court believes that the act violates the Constitution.

Which Supreme Court case established the power of judicial review? Marbury vs. Madison