Embedded Files
The Politics Shed- A Free Text Book for all students of Politics.
The power of judicial review is the central power of the Court, allowing it to overturn any other institution because the Court declares its actions to be unconstitutional. This power was acquired by the Court Marbury v Madison 1803 when it first overturned an Act of Congress. This power was further defined in Fletcher v Peck 1810 in which the Court overturned state law for the first time. Some argue that this power is apparent in the Constitution, as the Supreme Court is charged with upholding matters arising under the Constitution. However, others argue that the power of judicial review is not a legitimate power, as it is not awarded to the Supreme Court by the Constitution.
The Supreme Court wields significant power as the branch of government with the authority of judicial review. In the case of Boumediene v Bush (2008), the Court determined that foreign nationals detained as terrorist suspects at Guantanamo Bay had the right to challenge their detentions in federal courts. Similarly, United States v Texas (2016) invalidated Obama's executive order granting a prolonged delay in deportation to approximately 5 million illegal immigrants. Judicial review acts as a potent mechanism to restrain the executive and legislative branches. The only way for these branches to override the Court's decision is through a formal amendment to the Constitution, making the Court's decision typically final. While not explicitly outlined in the Constitution, judicial review was established through the Supreme Court ruling in Marbury v Madison (1803). This marked the first instance of the Court overturning an Act of Congress and solidified the principle that legislation could be overturned if it conflicted with the Constitution. For the average American, judicial review serves as a safeguard to protect their civil rights and liberties from encroachment by federal or state authorities.
Page updated
Google Sites
Report abuse