Judicial Review Is the Power of Chapter 2 Quizlet

The Ability of Judicial Review

Article Three of the U.Due south. 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 possibly declare these deportment unconstitutional.  This power, called Judicial Review, was established by the landmark determination in Marbury v. Madison, 1803.

"Information technology is emphatically the province and duty of the Judicial Department to say what the police force is…If two laws disharmonize with each other, the Courts must determine on the operation of each.  So, if a law be in opposition to the Constitution… the Court must make up one's mind which of these alien rules governs the case. This is of the very essence of judicial duty." Chief Justice Marshall, Marbury v. Madison, 1803

• Facts virtually Judicial Review
• Possible Subjects of Judicial Review

• • No police or action can contradict the U.South. Constitution, which is the supreme law of the state.
  • The court can but review a police that is brought before information technology through a police force accommodate.
  • Land courts besides have the power to review country laws or actions based upon their country constitutions.
• • Legislative actions (laws made by congress)
  • Executive deportment (treaties, executive orders issued by the president, or regulations issued by a government agency)
  • State and local laws

Example Studies

Marbury v. Madison, 1803

• Facts
• Issue
• Example History

• When President John Adams did not win a 2nd 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 function, he told his Secretary of State (James Madison), not to deliver the official paperwork to the government officials who had been appointed past Adams.  Thus the government officials, including William Marbury, were denied their new jobs.  William Marbury petitioned the U.South. Supreme Courtroom for a writ of mandamus, to force Madison to deliver the commission.

• Section 13 of the Judiciary Act of 1789 (a police force written past Congress), gave the Supreme Courtroom the authority to effect writs of mandamus to settle disputes such as the one described here.  This power to force deportment of regime officials went to a higher place and beyond anything mentioned in Commodity III of the Constitution.

  Therefore, in add-on to deciding whether or non William Marbury had a right to his job, the U.S. Supreme Courtroom also had to decide whether or not Section thirteen of the Judiciary Act was in violation of the Constitution (the nascency of Judicial Review).

• This case did not achieve the U.S. Supreme Court the way most issues do.  Nigh cases reach the Supreme Court as the court of last resort, when the Justices are asked to review a decision of a lower court.  In this instance, William Marbury petitioned the U.Southward. Supreme Court directly due to the provision in Department 13 of the Judiciary Act of 1789.  Notation:  The power to directly have petitions such every bit these is not granted to the Supreme Court in the Constitution.

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

• Conclusion
• Quote
• Learn More

• Though the Justices agreed that William Marbury had a right to his job, they also ruled that issuing the writ of mandamus to force that to happen did non autumn under their jurisdiction as stated in the Constitution. The Supreme Court stance explained that information technology is within their ability and say-so to review acts of Congress, such as the Judiciary Act of 1789, to determine whether or not the law is unconstitutional. By declaring Section xiii of the Judiciary Act of 1789 unconstitutional, the U.S. Supreme Court established the doctrine of Judicial Review.

• The Supreme Court said "The Constitution is either a superior, paramount police, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, similar other acts, is alterable when the legislature shall please to alter information technology. If the (first) role of the alternative be true, and so a legislative act contrary to the Constitution is non police." past author of opinion, Master Justice John Marshall.

• • The Oyez Project
  • The opinion of the U.S. Supreme Court
  • The official version of the opinion tin can exist establish in the U.S. Reports at your local law library. Marbury v. Madison, 5 U.Due south. 137 (1803)

Ladue v. Gilleo, 1994

• Facts
• Issue
• Example History

• In 1990, Margaret Gilleo placed a sign in the k of her home in Ladue, Missouri. The sign said "Say No to State of war in the Persian Gulf, Call Congress Now." The metropolis of Ladue had a law confronting yard signs, and told Ms. Gilleo to accept her signs downwardly. Ms. Gilleo sued the city of Ladue for violating her 1^st Amendment rights.

• Was Ladue'southward law against signs unconstitutional?

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

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

• Decision
• Quote
• Acquire More

• The U.S. Supreme Court affirmed the conclusion of the lower courts. Ladue'south law against yard signs violated the 1^st Amendment of the U.S. Constitution. The 1^st Subpoena protects political speech, and banning yard signs takes abroad the main avenue by which people traditionally express their personal political views. The value of protecting personal political speech is more of import than Ladue'southward desire to continue the city free of clutter.

• The Supreme Courtroom said "They may not afford the same opportunities for conveying complex ideas as exercise other media, but residential signs have long been an important and distinct medium of expression." past writer of opinion, Justice John Paul Stevens.

• • The Oyez Project
  • The opinion of the U.South. Supreme Court
  • The official version of the stance tin be found in the U.S. Reports at your local law library.
    Ladue v. Gilleo, 512 U.S. 43 (1994)

Harper v. Virginia Lath of Elections, 1966

• Facts
• Effect
• Example History

• Annie Harper was not allowed to register to vote in Virginia because she wasn't able to pay the state's poll tax. Virginia law required voters to pay $1.50 taxation to register, with the coin nerveless going to public school funding. Ms. Harper sued the Virginia Board of Elections, claiming the poll revenue enhancement violated her xiv^th Amendment right to equal protection. Note: The 24^thursday Amendment to the Constitution already banned poll taxes in federal elections, but not in state elections.

• Was the Virginia law requiring a revenue enhancement to vote in a state election unconstitutional?

• The U.S. District Court dismissed Ms. Harper's suit in favor of the Board of Elections. She and so asked the U.S. Supreme Court to review the instance.

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

• Decision
• Quote
• Learn More than

• The Supreme Court declared the Virginia poll taxation law unconstitutional. By making information technology more difficult for poor people to vote, the land was violating the xiv^th Subpoena guarantee of equal protection. Voting is a key right, and should remain accessible to all citizens. The amount of wealth someone has should accept 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 electoral standard. Voter qualifications have no relation to wealth nor to paying or non paying this or any other taxation….Wealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is also precious, too primal to be and then encumbered or conditioned." past author of stance, Justice William O. Douglas

• • The Oyez Project
  • The opinion of the U.S. Supreme Courtroom
  • The official version of the opinion can be plant in the U.Southward. Reports at your local constabulary library. Harper v. Virginia Board of Elections, 383 U.Southward. 663 (1966)

The Ability of Judicial Review

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

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