How Did the Theory and Practice of Judicial Review Arise in the United States

The Power of Judicial Review

Article Iii of the U.S. Constitution describes the powers and duties of the judicial branch.  Nowhere does it mention the power of the courts to review actions of the other ii branches, and mayhap declare these deportment unconstitutional.  This power, called Judicial Review, was established past the landmark determination in Marbury v. Madison, 1803.

"It is emphatically the province and duty of the Judicial Department to say what the law is…If 2 laws conflict with each other, the Courts must make up one's mind on the operation of each.  And then, if a law exist in opposition to the Constitution… the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty." Chief Justice Marshall, Marbury 5. Madison, 1803

• Facts virtually Judicial Review
• Possible Subjects of Judicial Review

• • No law or action can contradict the U.Due south. Constitution, which is the supreme constabulary of the land.
  • The courtroom can only review a law that is brought earlier it through a law suit.
  • State courts also accept the power to review state laws or actions based upon their state constitutions.
• • Legislative actions (laws fabricated by congress)
  • Executive actions (treaties, executive orders issued by the president, or regulations issued by a government bureau)
  • Country and local laws

Case Studies

Marbury 5. Madison, 1803

• Facts
• Issue
• Example History

• When President John Adams did not win a second term in the 1801 election, he used the final days of his presidency to make a big number of political appointments.  When the new president (Thomas Jefferson) took part, he told his Secretary of State (James Madison), non to deliver the official paperwork to the authorities officials who had been appointed past Adams.  Thus the government officials, including William Marbury, were denied their new jobs.  William Marbury petitioned the U.S. Supreme Court for a writ of mandamus, to strength Madison to evangelize the commission.

• Section 13 of the Judiciary Act of 1789 (a law written by Congress), gave the Supreme Court the authority to outcome writs of mandamus to settle disputes such as the ane described here.  This power to force deportment of regime officials went higher up and across anything mentioned in Article III of the Constitution.

  Therefore, in addition to deciding whether or not William Marbury had a right to his chore, the U.S. Supreme Courtroom besides had to decide whether or not Section thirteen of the Judiciary Human activity was in violation of the Constitution (the birth of Judicial Review).

• This case did not accomplish the U.Due south. Supreme Court the mode nearly issues do.  Nearly cases reach the Supreme Courtroom as the court of last resort, when the Justices are asked to review a decision of a lower court.  In this case, William Marbury petitioned the U.S. Supreme Court directly due to the provision in Section 13 of the Judiciary Human action of 1789.  Note:  The ability to directly accept petitions such every bit these is not granted to the Supreme Court in the Constitution.

What Do You Think The U.S. Supreme Court Decided?

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• Though the Justices agreed that William Marbury had a correct to his task, they also ruled that issuing the writ of mandamus to force that to happen did not autumn under their jurisdiction equally stated in the Constitution. The Supreme Court stance explained that information technology is within their power and authority to review acts of Congress, such as the Judiciary Act of 1789, to decide whether or non the law is unconstitutional. Past declaring Section xiii of the Judiciary Human action of 1789 unconstitutional, the U.S. Supreme Court established the doctrine of Judicial Review.

• The Supreme Courtroom said "The Constitution is either a superior, paramount law, unchangeable by ordinary means, or information technology is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the (offset) role of the alternative exist true, then a legislative act opposite to the Constitution is not police." by writer of opinion, Primary Justice John Marshall.

• • The Oyez Project
  • The opinion of the U.S. Supreme Court
  • The official version of the stance tin can exist found in the U.S. Reports at your local law library. Marbury v. Madison, v U.S. 137 (1803)

Ladue v. Gilleo, 1994

• Facts
• Issue
• Case History

• In 1990, Margaret Gilleo placed a sign in the one thousand of her home in Ladue, Missouri. The sign said "Say No to State of war in the Persian Gulf, Phone call Congress Now." The city of Ladue had a police force against thou signs, and told Ms. Gilleo to accept her signs down. Ms. Gilleo sued the city of Ladue for violating her 1^st Amendment rights.

• Was Ladue's law against signs unconstitutional?

• Margaret Gilleo sued the city of Ladue in the U.S. District Court for the Eastern District of Missouri. The court ruled in her favor and stopped Ladue from enforcing the law. Ladue appealed the decision, and the Eighth Circuit Court of Appeals also found in Ms. Gilleo'south favor. The city of Ladue then asked the U.S. Supreme Court to review the case.

What Practice Yous Call up The U.Due south. Supreme Courtroom Decided?

• Decision
• Quote
• Larn More than

• The U.S. Supreme Court affirmed the decision of the lower courts. Ladue's law against yard signs violated the ane^st Amendment of the U.South. Constitution. The one^st Subpoena protects political speech, and banning yard signs takes away the main avenue by which people traditionally limited their personal political views. The value of protecting personal political speech is more important than Ladue's want to continue the city gratuitous of clutter.

• The Supreme Court said "They may non afford the same opportunities for carrying complex ideas as do other media, but residential signs take long been an of import and distinct medium of expression." by author of opinion, Justice John Paul Stevens.

• • The Oyez Project
  • The opinion of the U.Due south. Supreme Court
  • The official version of the opinion can exist constitute in the U.Due south. Reports at your local law library.
    Ladue v. Gilleo, 512 U.S. 43 (1994)

Harper five. Virginia Board of Elections, 1966

• Facts
• Event
• Instance History

• Annie Harper was non allowed to register to vote in Virginia because she wasn't able to pay the state'southward poll tax. Virginia law required voters to pay $i.50 tax to annals, with the coin nerveless going to public schoolhouse funding. Ms. Harper sued the Virginia Lath of Elections, challenge the poll tax violated her xiv^th Amendment right to equal protection. Note: The 24^th Amendment to the Constitution already banned poll taxes in federal elections, only not in state elections.

• Was the Virginia law requiring a tax to vote in a land election unconstitutional?

• The U.S. District Courtroom dismissed Ms. Harper'south suit in favor of the Board of Elections. She then asked the U.S. Supreme Court to review the case.

What Do You Think The U.S. Supreme Court Decided?

• Decision
• Quote
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• The Supreme Court alleged the Virginia poll taxation law unconstitutional. Past making it more hard for poor people to vote, the state was violating the 14^th Amendment guarantee of equal protection. Voting is a central right, and should remain accessible to all citizens. The amount of wealth someone has should have no bearing on their power to vote freely.

• The Supreme Court said "We conclude that a State violates the …(Constitution).. …whenever it makes the affluence of the voter or payment of whatever fee an balloter standard. Voter qualifications take no relation to wealth nor to paying or not paying this or whatsoever other tax….Wealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, as well fundamental to be so burdened or conditioned." by author of opinion, Justice William O. Douglas

• • The Oyez Project
  • The opinion of the U.S. Supreme Court
  • The official version of the stance can be found in the U.S. Reports at your local law library. Harper five. Virginia Board of Elections, 383 U.S. 663 (1966)

The Power of Judicial Review

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Source: https://judiciallearningcenter.org/the-power-of-judicial-review/

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