Lesson 3 P2: Judicial Review

30 vocabulary flashcards covering key terms related to judicial review, constitutional interpretation, and judicial approaches based on lecture notes.

Judicial Review

The power of a federal court to hold unenforceable any law, any official action based on a law, or any other action by a public official that the court considers to be in conflict with the Constitution.

Marbury v. Madison (1803)

The Supreme Court case that formally established the power of judicial review through the opinion written by Chief Justice John Marshall.

Framers’ Intentions (Judicial Review)

One justification for judicial review, suggesting the delegates of the Constitutional Convention discussed and supported the idea, despite incomplete records.

Historical Acceptance (Judicial Review)

One justification for judicial review, indicating American society has treated it as a fundamental institutional tenet of the American judiciary.

Counterweight to Majority Rule

One justification for judicial review, wherein judges intervene to limit majoritarian tendencies that violate important principles of liberty and justice.

Neutral "first principles"

One justification for judicial review, referring to judicial decisions that resolve controversies and effect public compliance through rational and unbiased decision-making.

Supremacy Clause (Article VI, Clause 2)

Constitutional clause stating that the Constitution, federal laws, and treaties are the supreme Law of the Land, binding state judges, even if state laws conflict.

"in pursuance thereof"

A phrase in the Supremacy Clause interpreted by Chief Justice Marshall to mean 'consistent with,' implying state judges need not enforce illegal statutes.

Judiciary Act of 1789

A law that allows SCOTUS to review the constitutionality of state court decisions.

Federalist 78 (Hamilton)

A document arguing that the interpretation of laws is the proper and peculiar province of the courts, and the Constitution ought to be preferred to statutes.

Chisolm v. Georgia (1793)

An early case that allowed a citizen of one state to sue another state in federal court, later affected by the 11th Amendment.

Hylton v. United States (1796)

An early case where SCOTUS ruled a federal law was constitutional, demonstrating an early consensus for judicial review.

Martin v. Hunter’s Lessee (1816)

A case that challenged SCOTUS's power to review state court decisions under appellate jurisdiction but affirmed SCOTUS's judicial review power in cases implicating the Constitution or federal treaties.

Federalist 51

A document discussing the necessity of 'auxiliary precautions' to oblige the government to 'controul itself' when administering rules over men.

Auxiliary Precautions

Mechanisms, as described in Federalist 51, important for controlling and limiting government power.

Brown v. Board of Education

A Supreme Court case that overturned racial segregation policies in public schools, serving as an example of judicial review as a check on majority rule.

Baker v. Carr

A Supreme Court case that overturned legislative malapportionment practices distorting equal representation rights, serving as an example of judicial review.

Reynolds v. Sims

Another Supreme Court case dealing with malapportionment, reinforcing the principle of 'one person, one vote' and demonstrating judicial review.

Neutral Principles

The idea that judicial decisions should reflect rational and unbiased decision-making that articulates general principles for use in resolving later conflicts.

Herbert Wechsler

A scholar who noted that the authority of SCOTUS receives veracity from its ability to articulate 'neutral general principles'.

Alexis de Tocqueville

A observer who stated that the power of judicial review forms one of the most powerful barriers devised against the 'tyranny of political assemblies'.

Attorney General Edwin Meese

Critiqued SCOTUS for its 'jurisprudence of idiosyncracy' and suggested justices should remain limited to the literal provisions and original intention of the Founders.

Originalism

A Constitutional interpretation believing SCOTUS should interpret the Constitution according to its provisions and the original intention of the Founders (combining Literalism and Intent of the Framers).

Literalism

A Constitutional interpretation contending that a strict interpretation of the actual words used in the Constitution (or the law in question) is proper.

Intent of the Framers

A Constitutional interpretation according to what the Framers meant when they created the Constitution and applying it that way.

Living Constitutionalism (Pragmatism)

A Constitutional interpretation viewing the Constitution as a dynamic document that should be interpreted in light of contemporary societal values and needs.

Balancing of Interests (Individualist-Communitarian Continuum)

A Constitutional interpretation technique that weighs the protection of individual rights against countervailing societal needs.

Stare Decisis

A judicial principle that involves taking previous rulings from similar cases and the law applied in those cases to apply it in the current case.

Judicial Restraint

An approach where judges should avoid overturning actions of popularly elected branches of government, using their power only when a clear conflict with the Constitution exists.

Judicial Activism

An approach where judges are encouraged to intervene and reverse actions of elected officials, often seen as applying an activist approach when legislation violates economic liberties or personal liberties.