Judicial Review midterm

What is Judicial Review?

•The power of courts to determine whether a law or government action is constitutional.

•If unconstitutional, the court can strike it down

Marbury v. Madison (1803)

Congress cannot expand the Supreme Court’s original jurisdiction beyond Article 3

The Judiciary ACT OF 1789 (which allowed Marbury to go directly to SCOTUS with his complaint) was unconstitutional

Establishes Judicial Review- Courts can strike down unconstitutional laws

The Constitution is the supreme law of the land

Can the Supreme Court review state court decisions?

Yes if the decisions involve federal law

Martin v. Hunter’s Lessee (1816)

SCOTUS ruled that federal treaties override state law under the Supremacy Clause.

State courts must follow supreme court decisions

Cohens v. Virginia (1821)

Confirmed that SCOTUS can review state court decisions in criminal cases involving federal constitutional issues

Where does Congress get power over the judiciary?

Article 3 Sections 1 and 2

Article 1

Congress cannot interfere with the core functions of the judiciary and cannot change the Supreme Court’s original jurisdiction (Marbury v. Madison)

What can Congress do with their power over the judiciary?

Regulate the Supreme Court’s appellate jurisdiction (Article 3, Section 2; Exceptions and Regulations Clause)

Pass laws that affect court procedures and jurisdiction (Article 1)

Control the creation of lower federal courts (Article 3, Section 1)

What can’t Congress do with their power over judiciary?

interfere with judicial decision making/dictate case outcomes (US v. Klein)

Remove all federal court jurisdiction over constitutional issues (Ex Parte McCardle) (Boumediene v. Bush specifically habeus corpus)(Exceptions and Regulations Clause)

Change the Supreme Court’s original jurisdiction (Marbury v. Madison)