Power of Judicial Review

Judicial Review The “Super Power” of the Supreme Court to declare Congressional laws and executive actions unconstitutional

Marbury v. Madison Marbury sued in the federal courts to receive his commission which Madison (Sec of State) refused to deliver Courts ruled Marbury had a legal right to receive his commission; Madison had violated that right Courts ruled Judiciary Act conflicted with US Constitution Constitution listed types of cases the Supreme Court could hear, the Judiciary Act added more types of cases “if two laws conflict with each other, the courts must decide on the operation of each” Court must decide which law to follow Gave Supreme Court the power of Judicial Review

How Judicial Review Works                                                                                                                                                                         

An Example COURT STRIKES DOWN GUN RULE JUNE 27, 1997 The Supreme Court struck down a key provision of the Brady gun law, ruling 5 to 4 that the Federal government couldn't make local sheriffs run background checks on handgun purchasers.

Which of these best describes an effect of the Supreme Court decision in Marbury v. Madison? A. It gave the President veto power over Congress. B. It divided the government into three separate branches. C. It established the power to void a congressional law. D. It made state governments question federal power

Federalism Popular sovereignty Checks and balances Which of these principles of government is demonstrated when the Ohio Court of Appeals declares a Ohio state law unconstitutional? Federalism Popular sovereignty Checks and balances Separation of powers

The cartoon is commenting on the power of A federal supremacy B judicial review C executive privilege D congressional oversight

The map below shows federal appeals court circuits County judicial divisions US Congressional Districts State appeals courts