Judicial Review

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Judicial Review

• STANDARD CE.10b

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Supremacy Clause

• The Constitution of the United States of
  America is the supreme law of the land.

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• State laws must conform to the
• Virginia and United States constitutions.

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• We are under a constitution, but
• the Constitution is what the
• Supreme Court says it is
• -Charles Evans Hughes

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What is judicial review?

• The supreme courts of the United States and
  Virginia determine the constitutionality of laws
  and acts of the executive branch of government.
  This power is called judicial review

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What does this mean?

• This means in effect that the Court can overturn
  any act of Congress or state law if the court
  believes that the act violates the Constitution.

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• The power of judicial review is an important
  check on the legislative and executive branches
  of government.

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How did they get this power?

• Marbury v. Madison established the principle of
  judicial review at the national level

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Marbury v. Madison (1803)
JUDICIAL REVIEW
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Facts of the Case

• The case began on March 2, 1801, when William
  Marbury, was designated as a judge.
• Marbury and several others were appointed to
  government posts created by Congress in the last
  days of John Adams's presidency, but these
  last-minute appointments were never fully
  finalized.
• The disgruntled appointees invoked an act of
  Congress and sued for their jobs in the Supreme
  Court.

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• QUIZ

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In the case of Marbury v. Madison, the Supreme
Court ruled that courts could

1. Elect the President of the United States
2. Nullify laws as unconstitutional
3. Appoint their own judges
4. Have more power than Congress

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The courts power to declare a law
unconstitutional is called

1. Judicial priority
2. Supreme interpretation
3. Judicial check
4. Judicial review

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Laws can be declared unconstitutional by

1. Congress
2. President
3. Supreme Court
4. Speaker of the House

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The supreme law of the land is the

1. Congress
2. President
3. Constitution
4. Justices

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No state laws can conflict with the

1. President
2. Legislature
3. Governor
4. Constitution

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The case of Marbury v. Madison established the
principle of

1. Separate but equal
2. Consent of the governed
3. Due process
4. Judicial review

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What is the responsibility of the judicial branch
of government?

1. Interpret the law
2. Carry out the law
3. Make the law
4. Record the law

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What happens if the Supreme Court declares a law
or action to be unconstitutional?

• Court can overturn any act of Congress or state
  law if the court believes that the act violates
  the Constitution.

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Which Supreme Court case established the power of
judicial review?

• Marbury vs. Madison