Judicial Review The Judicial Branch Article III

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

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

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

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

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."

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.

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.