Malcolm Rivera
The United States Supreme Court has the power to evaluate the constitutionality of acts of Congress. This power is known as judicial review. The Supreme Court has held 176 Acts of Congress unconstitutional as of 2014, and between 1960 and 2019, the Court held 483 laws unconstitutional in whole or in part. The federal judiciary has reviewed the constitutionality of legislation enacted by Congress since the early days of the republic. Alexander Hamilton, in Federalist No. 78, provided the most extensive discussion of judicial review, arguing that the federal courts would have the power to declare laws unconstitutional to protect the people against abuse of power by Congress.
| Characteristics | Values |
|---|---|
| Who evaluates the constitutionality of acts of congress | The federal judiciary, federal courts, and the Supreme Court |
| First instance of evaluation | Hylton v. United States in 1796 |
| First instance of the Supreme Court asserting its authority to strike down a law as unconstitutional | Marbury v. Madison in 1803 |
| Number of Acts of Congress held unconstitutional by the Supreme Court as of 2014 | 176 |
| Number of laws held unconstitutional in whole or in part by the Supreme Court between 1960 and 2019 | 483 |
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What You'll Learn
The Supreme Court has held 176 Acts of Congress unconstitutional
The federal judiciary has reviewed the constitutionality of legislation enacted by Congress since the early days of the republic. The Supreme Court has played a crucial role in evaluating the constitutionality of acts of Congress, and as of 2014, it has held 176 Acts of Congress unconstitutional.
One notable case is Marbury v. Madison in 1803, which was the first time the Supreme Court asserted its authority to strike down a law as unconstitutional. Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution. This case set a precedent for judicial review and confirmed the authority of federal courts to review executive actions.
Another example is Hylton v. United States in 1796, which was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, specifically the Carriage Act of 1794, which imposed a "carriage tax." The Court upheld the tax, finding it constitutional.
In United States v. Romano (1965), the Supreme Court held that a provision of the Internal Revenue Code was unconstitutional. The provision created a presumption that one's presence at the site of an unregistered still was sufficient for conviction under a statute punishing possession or control of such equipment. The Court found that this presumption was not a legitimate or reasonable inference of guilt.
The Supreme Court has also reviewed the actions of the federal executive branch to ensure they are authorized by acts of Congress and do not exceed granted powers. This review process helps define the scope of presidential powers and is an essential aspect of the checks and balances in the American constitutional system.
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Federal courts review executive orders
Federal courts play a crucial role in reviewing executive orders, a function that upholds the separation of powers between Congress and the executive branch. This review process is a significant aspect of the checks and balances inherent in the American constitutional system. Federal courts can invalidate or halt the enforcement of executive orders deemed beyond the President's constitutional authority. This authority to review executive orders was established in the early days of the republic, with the landmark case of Marbury v. Madison (1803) setting a precedent for judicial review of executive actions.
Executive orders have frequently come before federal courts, often in attempts to challenge or halt their enforcement. While most executive orders deal with routine administrative matters, some have brought about significant policy changes, such as Abraham Lincoln's Emancipation Proclamation of 1863 and Harry Truman's desegregation of the armed forces in 1948. Federal courts review these orders to ensure they do not overstep the President's powers or infringe on legislative powers vested solely in Congress.
Courts may strike down executive orders on grounds of lack of authority or unconstitutional substance. This review process can also extend to regulations promulgated pursuant to an order or the interpretation of an order by executive branch officials. The Supreme Court's adoption of the "rational basis" review standard in the late 1930s allowed executive orders to withstand due process challenges if they were rationally related to a legitimate governmental purpose. However, federal courts have also employed the more stringent "reasonableness review" in certain instances.
The federal judiciary's role in reviewing executive orders is not without its complexities. Courts must balance their duty to uphold the Constitution with respect for the President's constitutional powers. While the Supreme Court has occasionally struck down executive orders, it generally exercises caution to avoid frequent interventions in the exercise of presidential power. Additionally, federal courts face challenges in ensuring compliance with their decisions, as seen in rare cases of widespread disobedience that threaten the judiciary's credibility and independence.
In summary, federal courts review executive orders to define the scope of presidential powers and maintain the separation of powers. This review process is a vital check on executive authority and contributes to the balance of powers in the American political system. While courts possess the authority to invalidate or halt executive orders, they must carefully navigate the delicate relationship between the judicial and executive branches.
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The power to review is vested in one Supreme Court
The power to review the constitutionality of acts of Congress is vested in the United States Supreme Court. This power of judicial review is a key feature of federal judicial power in the US. While the US Constitution does not expressly grant federal courts the power to declare government actions unconstitutional, it is implied that the Supreme Court has the authority to do so.
The Supreme Court's power to review the constitutionality of acts of Congress was confirmed in two landmark decisions. The first, in 1796, was Hylton v. United States, which 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. The Court reviewed the plaintiff's claim that the "carriage tax" imposed by the Act was unconstitutional and decided that the Act was indeed constitutional. The second, in 1803, was Marbury v. Madison, which was the first case where the Court asserted its authority to strike down a law as unconstitutional. In this case, the Court confirmed that federal courts also possess the authority to review the actions of the executive branch.
Since these landmark decisions, the Supreme Court has held numerous Acts of Congress unconstitutional in whole or in part. For example, in 1971, in Tilton v. Richardson, the Court held that the Provision of Higher Education Facilities Act of 1963 violated the establishment clause of the First Amendment. In 2000, in Dickerson v. United States, the Court held that a section of the Omnibus Crime Control and Safe Streets Act of 1968 was an invalid attempt by Congress to redefine a constitutional protection. In 1976, in Buckley v. Valeo, the Court held that certain provisions of election law violated First Amendment speech guarantees and infringed on the constitutional separation of powers.
The Supreme Court's power to review the constitutionality of acts of Congress is an important check on the power of Congress and helps to protect the people against abuse of power. Alexander Hamilton, in Federalist No. 78, wrote that the courts were designed to be an "intermediate body" between the people and the legislature, keeping the latter within the limits of their authority. Hamilton further argued that the interpretation of the laws is the "proper and peculiar province of the courts" and that a constitution must be regarded by the judges as a fundamental law.
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The Supreme Court asserted its authority in Marbury v. Madison
The Supreme Court of the United States is responsible for evaluating the constitutionality of acts of Congress. In the case of Marbury v. Madison, the Supreme Court asserted its authority by establishing the power of judicial review. This case is considered the most significant decision in American constitutional law.
In the weeks before Thomas Jefferson's inauguration as president in 1801, the outgoing Federalist administration, led by John Adams, attempted to secure its influence over the judiciary by creating new judgeships and appointing Federalists to fill these positions. William Marbury, a Federalist Party leader, was among the last of these "midnight appointments". However, he did not receive his commission before Jefferson took office. Jefferson, upon becoming president, directed his Secretary of State, James Madison, to withhold Marbury's commission.
Marbury petitioned the Supreme Court to issue a writ of mandamus, a type of court order, to compel Madison to deliver the commission. The Court's decision hinged on the interpretation of Section 13 of the Judiciary Act of 1789, which outlined the Supreme Court's original and appellate jurisdictions. Marbury argued that Section 13 granted the Supreme Court the authority to issue writs of mandamus in cases under its original jurisdiction.
The Court agreed with Marbury's interpretation, concluding that the Judiciary Act authorized it to exercise original jurisdiction in cases involving disputes over writs of mandamus. However, this interpretation conflicted with Article III of the Constitution, which defined the Supreme Court's jurisdiction more narrowly. The Court's opinion, written by Chief Justice John Marshall, asserted the judiciary's authority to review the constitutionality of legislative acts and the actions of the executive branch. Marshall's ruling established that the Constitution takes precedence over any ordinary act of the legislature and that the judiciary has the power to declare acts of Congress unconstitutional.
The decision in Marbury v. Madison had far-reaching implications for the separation of powers in the United States. It affirmed the judiciary as a coequal branch of government, alongside the legislative and executive branches, and ensured that the federal courts could serve as a check on the power of Congress and the president. The case also set a precedent for the Supreme Court's power to review executive orders and assess the validity of directions issued by the president to the executive branch, further shaping the balance of powers within the American constitutional system.
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The Framers assumed and welcomed the existence of court review
The Framers of the U.S. Constitution assumed and welcomed the existence of court review of the constitutionality of legislation. This is evident from the debates and discussions during the framing of the Constitution, as well as the actions and interpretations of early Supreme Court Justices.
The concept of judicial review was not a new one, as it had been utilised in a limited form by the Privy Council to review colonial legislation. The Framers were also aware of several instances where state courts had invalidated state legislation as inconsistent with state constitutions. This indicated their familiarity and comfort with the concept of judicial review.
James Madison and Alexander Hamilton, prominent Framers, strongly asserted the power of judicial review during their campaign for ratification. In "The Federalist Papers," Hamilton argued that the interpretation of laws was the proper role of the courts. While not all Framers explicitly supported judicial review, there is no record of significant opposition, suggesting at least tacit agreement.
The Judiciary Act of 1789, enacted by Congress, explicitly provided for the exercise of judicial review. Early Supreme Court cases, such as Marbury v. Madison (1803), confirmed the authority of federal courts to review the constitutionality of legislation and executive actions. This power has been crucial in defining the scope of presidential powers and maintaining the system of checks and balances in the American constitutional system.
In summary, the Framers of the U.S. Constitution acknowledged and accepted the role of court review in evaluating the constitutionality of legislation. This assumption was based on historical precedents, the arguments of key Framers like Madison and Hamilton, and the explicit inclusion of judicial review in early legislation. The subsequent interpretation and application of judicial review by the courts further solidified its place in the U.S. political system.
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Frequently asked questions
The federal judiciary evaluates the constitutionality of acts of Congress. The Supreme Court has the power of judicial review, and federal courts can declare laws unconstitutional.
In 1971, the Supreme Court held that the Provision of Higher Education Facilities Act of 1963 violated the First Amendment. The Act removed restrictions against religious use of facilities constructed with federal funds after 20 years.
Judicial review is intended to protect the people against abuse of power by Congress. It also helps to define the scope of presidential powers and serves as a check on the executive branch.
