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Flashcards in Judicial Review Deck (3):

Marbury v. Madison (1803)

Established authority for judiciary to review constitutionality of executive & legislative acts
Enlarged judiciary’s power by giving them the power to review Congress acts/police other branches
Court can’t apply unconstitutional law to decide a case


Cooper v. Aaron (1958)

Art. VI makes Constitution is supreme law of the land, Arkansas is bound to follow Brown decision

Implications: ensures stability in political system; finality on an issue; insulated from political process makes it ‘better; for SC to decide


Ex parte McCardle (1869)

limits of Congress regulation of Court

Holding: Appellate jurisdiction in SC isn’t derived from acts of Congress but conferred from Constitution – conferred w/ exceptions that Congress can make