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Flashcards in Judicial Review Deck (6)
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1

Judicial Review in General

Constitution does not expressly grant the courts power to review constitutionality of federal or state laws or executive actions

2

What is the first take away from Marbury v. Madison?

It creates the authority for judicial review of executive actions
➢ Areas in which individual rights and therefore gov. duties to protect them
➢ Areas in which the executive has discretion, this area can only be checked by the political process

3

What is the second take away from Marbury v. Madison?

Establishes that Art. III is the ceiling of fed. court jurisdiction
➢ Congress can’t expand the scope of jurisdiction of the supreme court
➢ Marbury stands for the belief that Art. III is the maximum jurisdiction of the fed. courts→can’t gain jurisdiction by consent and Congress can’t ask the courts to hear cases that don’t arise under the constitution

4

What is the third take away from Marbury v. Madison?

The judiciary may review legislative acts to determine constitutionality
➢ Court says that is it a court of appellate jurisdiction and not original jurisdiction unless stated

5

What is the take away from Hunter's Lessee?

Established fed. judicial review of state court decisions involving federal law
• Enacts the supremacy clause to say that federal law trumps state law
• This is to ensure uniformity in the interpretation of federal law

6

What is the take away from Cohens?

Fed courts can review state court decision regarding state law