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The principle that allows the Supreme Court to declare laws and actions of Congress or state governments unconstitutional by MARBURY v. MADISON
Established the principle of JUDICIAL REVIEW in the United States.
A type of order that a higher court issues to review the decision of a lower court. Used to decide whether to hear a case.
4 SCOTUS need to hear it out to proceed
An opinion written by a judge who disagrees with the majority opinion.
The legal principle of determining points in litigation according to precedent. Let the DECISion STAnd â followed in future cases
The philosophy that judges should interpret the constitution and laws based on contemporary values and the need for social justice.
ACTing for policy considering effects of justice + society
Law shouldnât be struck down unless its clearly unconstitutional.
No overturn laws or precedents unless they are clearly unconstitutional. WRITTEN WORD of Constitution!
Judges limit their own power, avoid making policy decisions, adhering closely to written word of Constitution/precedents.
The judicial philosophy that interprets the Constitution based on the meaning it had when it was enacted
Precedents
Previous court decisions that influence future cases and the interpretation of law
Majority opinion
Official statement of the court's ruling, reflecting the views of the MAJORITY of justices on a case.
Concurring Opinion
Agrees with the majority opinion but offers different reasoning or additional points.
Dissenting Opinion
Disagrees with the majority opinion of the court.