Judicial Review
The power of judicial review is the power of courts to determine whether what government does is in accord with what the constitution provides.
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Real-Life Examples
1. Marbury vs. Madison (1803)
Chief Justice John Marshall claimed for the Supreme Court the right to declare acts of Congress unconstitutional. Click here for more information!!! also Click here to see a simpler and shorter description of the case.
2. Family Trust Wins Supreme Court Fight Against Bike Trail click for the full article.
3. The Judiciary Act of 1789
The first Congress passed the Judiciary Act of 1789, establishing the lower federal courts and specifying the details of federal court jurisdiction. Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid, or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution. This provision gave the Supreme Court the power to review state court decisions involving the constitutionality of both federal statutes and state statutes. The Judiciary Act thereby incorporated the concept of judicial review.
4. Brown v. Board of Education. This case is about how state laws that established separate public schools for black and white students was unconstitutional. It is a significant landmark in the breakdown of racial barriers.
Chief Justice John Marshall claimed for the Supreme Court the right to declare acts of Congress unconstitutional. Click here for more information!!! also Click here to see a simpler and shorter description of the case.
2. Family Trust Wins Supreme Court Fight Against Bike Trail click for the full article.
3. The Judiciary Act of 1789
The first Congress passed the Judiciary Act of 1789, establishing the lower federal courts and specifying the details of federal court jurisdiction. Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid, or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution. This provision gave the Supreme Court the power to review state court decisions involving the constitutionality of both federal statutes and state statutes. The Judiciary Act thereby incorporated the concept of judicial review.
4. Brown v. Board of Education. This case is about how state laws that established separate public schools for black and white students was unconstitutional. It is a significant landmark in the breakdown of racial barriers.