Isabella Carter
Judicial review 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. While the US Constitution does not explicitly mention or grant federal courts the power of judicial review, the authority has been inferred from its structure, provisions, and history. This power is derived from Article III and Article VI of the US Constitution, with the former establishing the federal judiciary and the latter containing the Supremacy Clause, which establishes the Constitution as the supreme law of the land.
| Characteristics | Values |
|---|---|
| Judicial review clause in the US Constitution | The US Constitution does not contain an explicit judicial review clause |
| Judicial review | The power of federal courts to test federal and state legislative enactments and other actions against the Constitution |
| Judicial power | Vested in the Supreme Court and such inferior courts as Congress may from time to time ordain and establish |
| Judges | Shall hold their offices during good behaviour and receive compensation that shall not be diminished during their continuance in office |
| Landmark cases | Marbury v. Madison, Ware v. Hylton, Bayard v. Singleton, Cohens v. Virginia |
| Legislative duty | While it is the duty of the judiciary to interpret the law, judges must not usurp the legislative duty to create the law |
| Supremacy Clause | Establishes the Constitution as the supreme law of the land and binds judges to it |
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What You'll Learn
Judicial review and national supremacy
Judicial review 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. It is one of the distinctive features of United States constitutional law. The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters.
The U.S. Constitution does not explicitly define the power of judicial review, but the authority for judicial review has been inferred from the structure, provisions, and history of the Constitution. 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, the Supreme Court for the first time struck down a state statute. The Court reviewed a Virginia statute regarding pre-Revolutionary war debts and found that it was inconsistent with the peace treaty between the United States and Great Britain. Relying on the Supremacy Clause, the Court found the Virginia statute invalid. The Supremacy Clause (Art. VI, cl. 2) gives the Constitution precedence over laws and treaties, providing that only laws "which shall be made in pursuance of the Constitution" shall be the supreme law of the land.
In Marbury v. Madison, the Court held invalid a state law as conflicting with the terms of the Constitution. Many people who have criticized the concept of judicial review of congressional acts by federal courts have thought that the review of state acts under federal constitutional standards is soundly based in the Supremacy Clause. The Chief Justice has noted that the federal judicial power is indispensable to maintaining national supremacy, protecting the states from national encroachments, and making the Constitution and laws of the United States uniform.
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Judicial review in the US Constitution
Judicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. It is a fundamental principle of the US system of government. Judicial review allows the Supreme Court to ensure that the other branches of government abide by the Constitution.
The US Constitution does not explicitly mention or grant federal courts the power of judicial review. However, the authority for judicial review has been inferred from the structure, provisions, and history of the Constitution. This power has been deemed an implied power derived from Article III and Article VI of the Constitution. Article III, Section 1 vests the judicial power in the courts, and Article VI contains the Supremacy Clause, which establishes the Constitution as the supreme law of the land and binds judges to it. The Supremacy Clause gives the Constitution precedence over laws and treaties, providing that only laws made in pursuance of the Constitution are supreme.
The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. There were also instances of state court invalidation of state legislation as inconsistent with state constitutions. 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.
Two landmark decisions by the US Supreme Court served to confirm the inferred constitutional authority for judicial review. 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 judicial review of the plaintiff's claim that the carriage tax was unconstitutional. In Marbury v. Madison, the Supreme Court established judicial review of the government, with the famous line from Chief Justice John Marshall: "It is emphatically the duty of the Judicial Department to say what the law is."
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Judicial review and the Supreme Court
Judicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. In the United States, judicial review 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 US Constitution does not explicitly mention or grant federal courts the power of judicial review. However, the authority for judicial review has been inferred from its structure, provisions, and history. 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 first case decided by the US Supreme Court involving a direct challenge to the constitutionality of an act of Congress was in 1796, Hylton v. United States. The Supreme Court upheld the tax, finding it was constitutional. However, because the Court found the statute valid, it did not have to assert that it had the power to declare a statute unconstitutional.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). In subsequent cases, the Court established its authority to strike down state laws found to be in violation of the Constitution. The power of judicial review is now one of the distinctive features of United States constitutional law.
The Supreme Court's power of judicial review allows it to take an active role in ensuring that the other branches of government abide by the Constitution. It plays an essential role in ensuring that each branch of government recognizes the limits of its own power. It protects civil rights and liberties by striking down laws that violate the Constitution and sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
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Judicial review and the legislative branch
Judicial review is a fundamental principle in the US system of government, where the actions of the executive and legislative branches are subject to review and possible invalidation by the judiciary. It is a check on the powers of the other two branches of government by the judiciary. The US Constitution does not explicitly define or grant federal courts the power of judicial review. However, the authority for judicial review has been inferred from its structure, provisions, and history.
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. In 1796, the US Supreme Court, for the first time, struck down a state statute in Ware v. Hylton, finding a Virginia statute regarding pre-Revolutionary war debts inconsistent with the peace treaty between the US and Great Britain. Relying on the Supremacy Clause, the Court found the Virginia statute invalid.
In 1803, Marbury v. Madison established the power of judicial review to enforce the separation of powers stated in the US Constitution. This decision confirmed that federal courts also possess the authority to review the actions of the executive branch. The Supreme Court has also reviewed final judgments in state courts, including cases where the validity of a treaty, statute, or authority exercised under the United States is questioned.
While the judiciary interprets the law and decides which laws violate the Constitution, it must not usurp the legislative duty to create the law. This consideration is essential in maintaining the separation of powers. Federal courts may not strike down a statute unless it violates federal law or the federal Constitution, and a suspicion or possibility of unconstitutionality is insufficient.
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Judicial review and the executive branch
Judicial review is a fundamental principle of the US system of government, where the actions of the executive and legislative branches are subject to review and possible invalidation by the judiciary. The US Constitution does not explicitly grant federal courts the power to review the executive branch, but this authority has been inferred from its structure, provisions, and history.
The first American decision to recognise the principle of judicial review was in 1787, when the Supreme Court of North Carolina's predecessor decided Bayard v. Singleton. The North Carolina court and other state courts treated state constitutions as statements of governing law to be interpreted and applied by judges. In 1796, the US Supreme Court decided Hylton v. United States, the first case involving a direct challenge to the constitutionality of an act of Congress. The Court reviewed the plaintiff's claim that the "carriage tax" imposed by the Carriage Act of 1794 was unconstitutional.
In Marbury v. Madison (1803), the Supreme Court established that federal courts have the authority to review the actions of the executive branch. This decision confirmed that the judiciary could enforce the separation of powers between the legislative and executive branches, ensuring neither branch exceeded its authority. The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the US Constitution.
Federal court review of executive orders is a significant aspect of the checks and balances in the US constitutional system. Courts may strike down executive orders if the president lacked the authority to issue them or if the order is found to be unconstitutional. This review process helps define the scope of presidential powers and ensures the executive branch remains within its constitutional boundaries.
While the judiciary has the power to review the executive, it must be cautious not to violate the Separation of Powers doctrine. Judges understand they must not usurp the legislative duty to create the law, only to interpret it and decide if laws violate the Constitution. This balance is particularly important in administrative law, where judicial officials must assess the validity of executive agency actions without overstepping their judicial authority.
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Frequently asked questions
No, the US Constitution does not explicitly mention judicial review. However, the authority for judicial review has been inferred from the structure, provisions, and history of the Constitution.
Judicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary.
The US Constitution infers judicial review from Article III and Article VI. Article III, Section 1 vests the judicial power in the courts, while Article VI contains the Supremacy Clause, which establishes the Constitution as the supreme law of the land.
The Supremacy Clause gives the Constitution precedence over laws and treaties, providing that only laws "which shall be made in pursuance of the Constitution" shall be the supreme law of the land.
