Understanding Judicial Review: A Simple Guide

Judicial review is the Supreme Court's ability to check if laws and actions by the government follow the Constitution. This important power has changed a lot since the Constitution was ratified in 1788. At first, the Constitution didn’t clearly mention this power, which led to different opinions on what judges could do.

The Beginning: Creating Judicial Review

• Marbury v. Madison (1803): This famous case is where judicial review got its start. It confirmed that the Supreme Court can strike down laws that go against the Constitution. Chief Justice John Marshall said, “It is the job of the judicial branch to explain what the law is.” This case has been referenced in over 1,000 other decisions, making it a key part of American law.

Growth of Judicial Review

• More Cases: Over time, the Supreme Court has taken on more cases that change federal and state laws. As of 2023, the Court has looked at about 10,000 cases since it began, deciding around 1,000 of them. Cases like Brown v. Board of Education (1954) and Roe v. Wade (1973) showed how the Court could challenge issues like segregation and rights to make choices about one’s body.

Today’s Supreme Court

• Current Trends: These days, the Supreme Court hears around 70 to 80 cases each term. Its decisions affect millions of people in the U.S. For instance, during the 2020-2021 term, the Court ruled on important topics, including election laws and public health.

Ongoing Debates

• Controversies: The idea of judicial review sparks discussions about how much power judges should have. Some people believe the Court steps over the line too often. A 2017 study found that almost 60% of Americans think the Supreme Court has too much power.

Conclusion

Judicial review has come a long way, from being debated in the early days of America to becoming a vital part of our legal system. Starting in the early 19th century, it has played a big role in shaping our laws and society. As we look to the future, the Supreme Court's job of interpreting the Constitution remains very important, reminding everyone about the balance between government power and the rights of individuals.