Isabella Carter
Judicial review is one of the distinctive features of United States constitutional law. The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution. The text of the Constitution does not contain a specific provision for the power of judicial review. The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress. In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional.
| Characteristics | Values |
|---|---|
| Judicial power | Vested in one Supreme Court and such inferior courts as Congress establishes |
| Jurisdiction | The Supreme Court has appellate jurisdiction on almost any case involving a point of constitutional and/or federal law |
| Power | The power to declare laws unconstitutional is an implied power derived from Article III and Article VI of the U.S. Constitution |
| Role | Plays an essential role in ensuring that each branch of government recognizes the limits of its power |
| Protection | Protects civil rights and liberties by striking down laws that violate the Constitution |
| Limits | Sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities |
| Impact | Decisions have an important impact on society at large, not just on lawyers and judges |
| Landmark decision | Marbury v. Madison was the first Supreme Court decision to strike down an act of Congress as unconstitutional |
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What You'll Learn
Judicial review is not in the US Constitution
Judicial review is not explicitly mentioned in the US Constitution. The text of the Constitution does not contain a specific provision for the power of judicial review. Instead, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the US Constitution.
Article III of the Constitution establishes the federal judiciary, stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This article forms the basis for the interpretation of judicial review as an implied power.
The absence of an explicit mention of judicial review in the Constitution has led to debates and criticisms throughout history. One of the earliest critics was Richard Dobbs Spaight, a signer of the Constitution, who expressed his disapproval in a correspondence with Supreme Court Justice James Iredell. Spaight denied the existence of any power vested in the courts to declare laws unconstitutional.
Despite the lack of explicit textual evidence, judicial review has become a distinctive feature of United States constitutional law. The landmark case of Marbury v. Madison in 1794 served as the foundation for judicial review, with Chief Justice John Marshall's famous statement: "It is emphatically the duty of the Judicial Department to say what the law is."
While the Supreme Court's decisions on judicial review carry the force of law, critics have argued that it gives the courts too much power without adequate checks from other branches of government. This concern was raised by Thomas Jefferson in 1820, who saw it as a threat to democracy, placing the nation "under the despotism of an oligarchy."
In conclusion, while judicial review is not explicitly mentioned in the US Constitution, it has been interpreted as an implied power derived from certain articles. The concept has been solidified through landmark cases and is now a well-established feature of US constitutional law, despite ongoing debates and criticisms.
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The Supreme Court's role
The Supreme Court plays a crucial role in the United States' constitutional system of government. As the highest court in the country, it serves as the final arbiter for those seeking justice. Its power of judicial review is an essential tool for maintaining the balance of power between the three branches of government.
The first American decision to recognise the principle of judicial review was Bayard v. Singleton in 1787, decided by the Supreme Court of North Carolina's predecessor. However, the Supreme Court's authority to strike down laws as unconstitutional was established in the landmark case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted that the Supreme Court's responsibility to overturn unconstitutional laws was a necessary consequence of their sworn oath to uphold the Constitution.
The Supreme Court's power of judicial review has significant implications for society. It ensures that each branch of government respects its limits and that civil rights and liberties are protected. The Court's decisions can shape the interpretation and application of the Constitution, impacting not just lawyers and judges but the nation as a whole.
In exercising its judicial review, the Supreme Court reviews cases involving constitutional and federal law, including treaties, admiralty cases, and cases where the United States is a party. The Court has the discretion to decide whether to hear a case, and out of the thousands of petitions it receives each year, it agrees to hear a small fraction, typically around 100 to 150 cases.
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Judicial review's historical background
Judicial review in the United States is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or the United States Constitution. The power of judicial review is not explicitly mentioned in the text of the Constitution, but it has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution.
The historical record from the Founding and the early years of the Republic suggests that the concept of judicial review was already familiar to the framers and the public before the Constitutional Convention. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. Several instances of state court cases involving judicial review were also reported in the press and produced public discussion and comment. Notable state cases include Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786).
The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. The North Carolina court and its counterparts in other states treated state constitutions as statements of governing law to be interpreted and applied by judges. These courts reasoned that because their state constitution was the fundamental law of the state, they must apply the state constitution rather than an act of the legislature that was inconsistent with it.
In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794, which imposed a "carriage tax". The Court performed a judicial review of the plaintiff's claim that the carriage tax was unconstitutional.
The power of judicial review was also asserted by both Madison and Hamilton in their campaign for ratification. Alexander Hamilton argued in favour of the doctrine in the Federalist Papers, stating that the interpretation of the laws is the proper and peculiar province of the courts.
The landmark decision of Marbury v. Madison further established judicial review of the government, as the first Supreme Court decision to strike down an act of Congress as unconstitutional. Chief Justice John Marshall famously stated:
> It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.
While the Supreme Court has the power of judicial review, Congress can also influence what cases come before the Court. For example, Article III, Section 2 of the Constitution gives Congress the power to make exceptions to the Supreme Court's appellate jurisdiction, which is known as jurisdiction stripping.
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The power to declare laws unconstitutional
The Supreme Court, as the highest court in the land, plays a crucial role in the constitutional system of government. It serves as the final arbiter for those seeking justice and ensures that each branch of government respects its limits. The Court's power to declare laws unconstitutional is based on the principle that the Constitution is the supreme law of the land, as established in Article VI. This means that any law passed by the government must be consistent with the Constitution. If a law is found to be in violation of the Constitution, it can be struck down by the Supreme Court.
The first case that recognised the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. However, the first Supreme Court case to assert the power to strike down a law as unconstitutional was Marbury v. Madison in 1803. In this case, Chief Justice John Marshall famously stated, "It is emphatically the duty of the Judicial Department to say what the law is." This case set a precedent for judicial review, establishing the responsibility of the Supreme Court to overturn unconstitutional legislation.
While the judiciary has the power to interpret and apply the law, it is careful not to overstep its bounds and usurp the legislative duty to create laws. Judges and justices must strike a delicate balance between assessing the validity of laws and respecting the separation of powers between the judiciary and the legislature. The power to declare laws unconstitutional is a significant aspect of the US constitutional system, allowing for a check and balance on governmental power and ensuring that the rights and freedoms of the people are upheld.
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The Supreme Court's appellate jurisdiction
The Supreme Court of the United States is established by Article III, Section I of the Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Constitution grants Congress the power to shape the Court's organisation and jurisdiction, which it first did in the Judiciary Act of 1789. This act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has original and appellate jurisdiction. The Court's original jurisdiction is outlined in the Judiciary Act of 1789, which gave it the power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, most Supreme Court cases fall within its appellate jurisdiction. This includes all cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. The Court's appellate jurisdiction also covers all other cases previously mentioned, both as to law and fact, with such exceptions and under such regulations as Congress shall make.
Congress has authorised Supreme Court review of decisions of state courts and lower federal courts through two mechanisms: appeals and petitions for a writ of certiorari. The Court is required to exercise jurisdiction over cases on direct appeal but has the discretion to grant or deny review via a petition for a writ of certiorari. The Court typically hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest court in a given state, accepting 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court is usually in recess from late June/early July until October, hearing oral arguments from October through April. Oral arguments are open to the public, with two cases heard each day, and each case is allotted an hour for arguments. After a case is accepted, the petitioner has a certain amount of time to write a brief, followed by the respondent, with both briefs not exceeding 50 pages.
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Frequently asked questions
Judicial review is the power of the judiciary to interpret the law and decide which laws violate the Constitution.
The power of judicial review is not found within the text of the Constitution itself. It has been implied from Article III and Article VI of the U.S. Constitution.
Marbury v. Madison was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional.
The Supreme Court is the highest court in the land and plays an essential role in ensuring that each branch of government recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The decisions of the Supreme Court in cases of judicial review have a significant impact on society. They help maintain the balance of power between the different branches of government and protect the fundamental rights and liberties of citizens.
