American Government Lesson 9 - The Powers of the Federal Judiciary

Judicial Review

the power of the courts to declare laws contrary to the Constitution null and void

When can federal courts refuse to hear a case?

If a case presents a political question, which is for the legislative or executive branches, not the courts.

What was the constitutional issue in Baker v. Carr (1962)?

Tennessee’s failure to redistrict caused unequal representation, violating the Equal Protection Clause.

What precedent did Baker v. Carr set?

Established “one person, one vote,” requiring legislative districts to be roughly equal in population.

What is judicial review?

The power of courts to declare laws or government actions unconstitutional, making them null and void.

What did Alexander Hamilton write in Federalist No. 78 about courts?

Courts must interpret laws and give preference to the Constitution over conflicting laws.

Which landmark case established judicial review?

Marbury v. Madison (1803).

Why is judicial review controversial today?

Critics say it hinders democracy by striking down acts of Congress; supporters say it enforces constitutional supremacy.

Do state supreme courts have judicial review?

State supreme courts have judicial review, but the U.S. Supreme Court has final authority.

What is judicial activism?

Vigorous use of judicial review to overturn laws and shape public policy, sometimes reflecting political preferences.

Can you give examples of judicial activism?

Overturning abortion restrictions, limiting school prayer, redefining marriage, requiring new police procedures.

How does judicial activism view constitutional principles?

Principles are flexible and open to reinterpretation based on circumstances.

What is judicial restraint?

A philosophy where judges interpret the Constitution narrowly, deferring to other branches unless laws are clearly unconstitutional.

Who are strict constructionist judges?

Judges practicing judicial restraint who interpret the Constitution in its original context.

How does the judicial branch check the executive branch?

Judicial review of treaties and presidential actions; Chief Justice presides over presidential impeachment trials.

How does the judicial branch check the legislative branch?

Judicial review of laws; life tenure for judges ensures independence; Congress cannot reduce judges’ salaries.

What limits exist on judicial power?

Courts must wait for cases; courts cannot enforce decisions; Congress and President can respond with new laws or amendments.

What happened after the Supreme Court overturned a law lowering the voting age in 1970?

Congress and the states adopted the 26th Amendment, officially lowering the voting age to 18.

When can federal courts refuse to hear a case?

If a case presents a political question, which is for the legislative or executive branches, not the courts.

What was the constitutional issue in Baker v. Carr (1962)?

Tennessee’s failure to redistrict caused unequal representation, violating the Equal Protection Clause.

What precedent did Baker v. Carr set?

Established “one person, one vote,” requiring legislative districts to be roughly equal in population.

What is judicial review?

The power of courts to declare laws or government actions unconstitutional, making them null and void.

What did Alexander Hamilton write in Federalist No. 78 about courts?

Courts must interpret laws and give preference to the Constitution over conflicting laws.

Which landmark case established judicial review?

Marbury v. Madison (1803).

Why is judicial review controversial today?

Critics say it hinders democracy by striking down acts of Congress; supporters say it enforces constitutional supremacy.

Do state supreme courts have judicial review?

State supreme courts have judicial review, but the U.S. Supreme Court has final authority.

What is judicial activism?

Vigorous use of judicial review to overturn laws and shape public policy, sometimes reflecting political preferences.

Can you give examples of judicial activism?

Overturning abortion restrictions, limiting school prayer, redefining marriage, requiring new police procedures.

How does judicial activism view constitutional principles?

Principles are flexible and open to reinterpretation based on circumstances.

What is judicial restraint?

A philosophy where judges interpret the Constitution narrowly, deferring to other branches unless laws are clearly unconstitutional.

Who are strict constructionist judges?

Judges practicing judicial restraint who interpret the Constitution in its original context.

How does the judicial branch check the executive branch?

Judicial review of treaties and presidential actions; Chief Justice presides over presidential impeachment trials.

How does the judicial branch check the legislative branch?

Judicial review of laws; life tenure for judges ensures independence; Congress cannot reduce judges’ salaries.

What limits exist on judicial power?

Courts must wait for cases; courts cannot enforce decisions; Congress and President can respond with new laws or amendments.

What happened after the Supreme Court overturned a law lowering the voting age in 1970?

Congress and the states adopted the 26th Amendment, officially lowering the voting age to 18.

When can federal courts refuse to hear a case?

If a case presents a political question, which is for the legislative or executive branches, not the courts.

What was the constitutional issue in Baker v. Carr (1962)?

Tennessee’s failure to redistrict caused unequal representation, violating the Equal Protection Clause.

What precedent did Baker v. Carr set?

Established “one person, one vote,” requiring legislative districts to be roughly equal in population.

What is judicial review?

The power of courts to declare laws or government actions unconstitutional, making them null and void.

What did Alexander Hamilton write in Federalist No. 78 about courts?

Courts must interpret laws and give preference to the Constitution over conflicting laws.

Which landmark case established judicial review?

Marbury v. Madison (1803).

Why is judicial review controversial today?

Critics say it hinders democracy by striking down acts of Congress; supporters say it enforces constitutional supremacy.

Do state supreme courts have judicial review?

State supreme courts have judicial review, but the U.S. Supreme Court has final authority.

What is judicial activism?

Vigorous use of judicial review to overturn laws and shape public policy, sometimes reflecting political preferences.

Can you give examples of judicial activism?

Overturning abortion restrictions, limiting school prayer, redefining marriage, requiring new police procedures.

How does judicial activism view constitutional principles?

Principles are flexible and open to reinterpretation based on circumstances.

What is judicial restraint?

A philosophy where judges interpret the Constitution narrowly, deferring to other branches unless laws are clearly unconstitutional.

Who are strict constructionist judges?

Judges practicing judicial restraint who interpret the Constitution in its original context.

How does the judicial branch check the executive branch?

Judicial review of treaties and presidential actions; Chief Justice presides over presidential impeachment trials.

How does the judicial branch check the legislative branch?

Judicial review of laws; life tenure for judges ensures independence; Congress cannot reduce judges’ salaries.

What limits exist on judicial power?

Courts must wait for cases; courts cannot enforce decisions; Congress and President can respond with new laws or amendments.

What happened after the Supreme Court overturned a law lowering the voting age in 1970?

Congress and the states adopted the 26th Amendment, officially lowering the voting age to 18.