D. Key Points about Judicial Review

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Presentation transcript:

D. Key Points about Judicial Review

1) Judicial Review is not mentioned in the Const. Alexander Hamilton Federalist #78 John Marshall Marbury v. Madison (1803)

2) S.C. decisions can be overridden by Amendments Scott v. Sandford (1857) Missouri Compromise of 1820 13th Amendment (1865)

3) Supreme Court has no enforcement power. Brown v. Bd. of Education (1954) Southern Manifesto.

4) The Const. means whatever the S.C. says it means. Texas v. Johnson (1989) Communist, anti-Reagan protestor. Flag burning = free speech

5) There are no absolute rights. “Rights in conflict.” Schenck v. U.S. (1919) Oliver Wendell Holmes, Jr. “Clear and Present Danger” Test

6) S.C. may reverse itself. Roe v. Wade (1973) 7-2 decision Today’s Supreme Court: 5 appointed by Republican (pro-life) presidents. 4 appointed by Democrat (pro-choice) presidents.

7) S.C. is not immune from public opinion. Korematsu v. U.S. (1944) Japanese internment 5th Amendment – Due Process?

E. The 14th Amendment Thesis: The 14th Amendment greatly increased the power and the reach of the Supreme Court!

Barron v. Baltimore (1833) Business damaged by state action. Barron sues. Maryland state courts refuse compensation. Barron appeals to federal S.C. on 5th Amendment grounds.

Barron v. Baltimore (1833) Government can’t deny life, liberty or property without due process (“Due Process” clause). Chief Justice John Marshall. Does the Bill of Rights restrict STATE actions? S.C. says, NO!

FEDERALISM Fed. Appeals Fed. District Courts State Appeals State Const. Const. Bill of Rights Fed. Appeals Fed. District Courts State Appeals State District Courts State S.C. S.C. Congress State Govt. President

The 14th Amendment (1868) 13th Amendment (1865) – outlawed slavery. Black codes (STATE laws) limited the rights of freed slaves. Barron decision limited STATE cases to STATE courts.

State Court Systems To Fed. Courts State S.C. State Appeals Courts State District Courts Jury

The 14th Amendment (1868) Gives citizenship to anyone born in the United States. “No STATE can deny life, liberty or property without due process.” “Nor shall any STATE deny the equal protection of the laws.

FEDERALISM Fed. Appeals Fed. District Courts State Appeals State Const. Const. Bill of Rights Fed. Appeals Fed. District Courts State Appeals State District Courts 14th Amendment State S.C. S.C. Congress State Govt. President

Conclusion The Barron decision limited state cases to state courts. Black codes showed that not all states are fair to all citizens. 14th Amend was originally intended to help freed slaves. Now it can be used by anyone to challenge unfair state laws & actions. Re-statement of Thesis: The Supreme Court is immensely more powerful as a result of the 14th Amendment!