Judicial review is the power of the Supreme Court to decide if laws and actions by the executive branch go against the Constitution. Here’s how this important power came to be:
The Constitution: The U.S. Constitution was approved in 1788. It set up the court system but didn't clearly say anything about judicial review. However, Article III, Section 2 suggests that the Supreme Court can interpret the law.
Federalist Papers: In 1788, Alexander Hamilton wrote Federalist No. 78. He argued that courts should be independent and have the power to cancel laws that go against the Constitution. This paper helped build the idea of judicial review.
Marbury v. Madison (1803): This important case marked the official start of judicial review. Chief Justice John Marshall decided that the Supreme Court could review laws made by Congress. He said that "a law that contradicts the Constitution is not valid," showing that the Constitution is the highest law in the country.
Growing Power: After Marbury v. Madison, the Supreme Court began to play a bigger role in checking the powers of Congress and the President. A study showed that by 2020, judicial review had been used over 180 times, proving it is crucial for how America is governed.
Important Cases: Big cases like Brown v. Board of Education (1954) and Roe v. Wade (1973) showed how judicial review is important for solving social problems and protecting people's rights.
These events helped make judicial review a key part of American law. It ensures that all laws follow the Constitution.
Judicial review is the power of the Supreme Court to decide if laws and actions by the executive branch go against the Constitution. Here’s how this important power came to be:
The Constitution: The U.S. Constitution was approved in 1788. It set up the court system but didn't clearly say anything about judicial review. However, Article III, Section 2 suggests that the Supreme Court can interpret the law.
Federalist Papers: In 1788, Alexander Hamilton wrote Federalist No. 78. He argued that courts should be independent and have the power to cancel laws that go against the Constitution. This paper helped build the idea of judicial review.
Marbury v. Madison (1803): This important case marked the official start of judicial review. Chief Justice John Marshall decided that the Supreme Court could review laws made by Congress. He said that "a law that contradicts the Constitution is not valid," showing that the Constitution is the highest law in the country.
Growing Power: After Marbury v. Madison, the Supreme Court began to play a bigger role in checking the powers of Congress and the President. A study showed that by 2020, judicial review had been used over 180 times, proving it is crucial for how America is governed.
Important Cases: Big cases like Brown v. Board of Education (1954) and Roe v. Wade (1973) showed how judicial review is important for solving social problems and protecting people's rights.
These events helped make judicial review a key part of American law. It ensures that all laws follow the Constitution.