Judicial Review

• PRINT
• EMAIL

Judicial review is the power of courts to decide the validity of acts of the legislative and executive branches of government. If the courts decide that a legislative act is unconstitutional, it is nullified. The decisions of the executive and administrative agencies can also be overruled by the courts as not conforming to the law or the Constitution.

The U.S. Constitution does not explicitly mention judicial review. The power was first asserted by Chief Justice John Marshall in 1803, in the case of Marbury v. Madison. Relying in part on Alexander Hamilton's writings in The Federalist, no. 78, Marshall asserted that the judiciary logically and of necessity had the power to review congressional and executive actions. This follows from the premise (stated in Article VI of the U.S. Constitution) that the Constitution is the supreme law of the land and that courts, in deciding cases, must be able to make final and binding interpretations of the law. Subsequently the states adopted the same view, and their superior courts commonly nullify acts of legislatures or governors that conflict with the state constitutions.

Constitutions adopted by other countries, such as Germany, Italy, India, and Pakistan, often provide for some form of judicial review. Great Britain does not recognize judicial review; the final authority in British law is Parliament.

In exercising their power, justices of the U.S. Supreme Court have sometimes been accused of writing their own political views into the Constitution. Their overturning of some of the New Deal legislation of the 1930s brought proposals to reorganize the Court. For this reason, some justices have urged the Court to be restrained in exercising its power. The Court generally observes the principle that any attack upon the validity of a statute must overcome a presumption of its constitutionality. The Court has also stated that it will not judge the wisdom of particular legislative and executive actions and will avoid political questions, but these principles have been interpreted differently by different justices.

Bibliography: Hall, K.L., ed., Judicial Review in American History (1987).

United States Government
The government of the United States is a massive and complex organization. Its purpose is to improve and protect the lives of American citizens, both at home and overseas.

Celebrate Constitution Day
I recently interviewed U.S. Senator Robert Byrd from West Virginia. It was a very exciting experience. We talked about a new law that establishes Constitution Day on September 17 every year. The law was written by Senator Byrd and was passed by Congress in 2004. This year is the first year that schools and federal agencies will set aside a day to celebrate the Constitution.

A Final Speech
Campaigning slowed a bit on Monday night despite the fact that a major primary election was slated for the next day in Florida. A few of the major candidates stopped running for President for one evening for the current President's final State of the Union address in Washington, D.C.

LESSON PLAN	Creating a Classroom Constitution If you're a new teacher, use this lesson to put classroom rules' in place. First year teachers can ask students to discuss rules at home,...
ONLINE ACTIVITY	Grade 1 - What Is the Constitution? Learn all about the U.S. Constitution, including who wrote it, what it says, and why it's important, in an audio article featuring words...