psc notes 4

Judicial Review

  1. Definition: The ability of the court to strike down laws and actions as unconstitutional.

  2. Political Development:

    • Not explicitly in the Constitution (Article III does not grant it).

    • Developed through the case Marbury v. Madison.

    • The Supreme Court was clever: by striking down a power granted to it by Congress, it established its own power (judicial review) and avoided a direct confrontation with the executive by not forcing the delivery of Marbury's commission.

  3. Spatial Model (Exam Questions):

    • House's ideal point: 3

    • Senate's indifference point: 6

      • The Senate will accept anything that moves the status quo closer to its ideal point (6).

    • House's win set: [2, 4]

      • This range includes values where the House would win, with an indifference point at 2.

    • Range for Supreme Court reset of status quo to stand: [2, 8]

      • This range includes the House's indifference point (2), the Senate's indifference point (6), and the President's indifference point (8). If the status quo is reset within this range, one of these three actors will protect it.

  4. Debate: Should the court use judicial review?

    • Case Examples:

      • Loving v. Virginia: Struck down a law banning interracial marriage.

      • Heller: Protected gun rights.

      • Sibelius: Upheld Obamacare (did not use judicial review).

    • Observation: