1. Judicial Review
STANDARD CE.10b

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

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

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

6. 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”

7. 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.

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

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

10. Marbury v. Madison (1803)
JUDICIAL
REVIEW

11. 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.

12. QUIZ

13. 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

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

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

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

17. No state laws can conflict with the
President
Legislature
Governor
Constitution

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

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

20. 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.

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