Judicial Review

Overview

• Definition: Judicial review is the power of courts to declare acts of government branches unconstitutional and unenforceable.
  • Example: Courts can strike down laws violating the First Amendment.
• State Courts: Can also strike down state laws based on state or federal constitutions.
• Prevalence: Judicial review is a fundamental aspect of US government.
  • Courts frequently strike down unconstitutional state and federal laws on various issues.
• Global Trend: Other countries, including Romania, Greece, and EU nations, are adopting judicial review.

Historical Context

• Roots: Judicial review is tied to the principle of separation of powers (Montesquieu, 17th century).
• Federalist Paper #78: Alexander Hamilton advocated for judicial review as a check on legislative power.
• British System: Unlike the US, the UK adheres to legislative supremacy without a constitutional framework for judicial review.

The Marbury Decision

• Background: Marbury v. Madison (1803) established the precedent for judicial review in the US.
  • Context: Political conflict between Thomas Jefferson and John Adams.
• Decision: Chief Justice John Marshall ruled on procedural grounds, asserting judicial review as a power.
  • Judiciary Act of 1789 deemed unconstitutional.

Expansion After Marbury

• Martin v. Hunter's Lessee (1816): Judicial review over state civil cases.
• Cohens v. Virginia (1821): Extended to state criminal cases.
• Cooper v. Aaron (1958): Supreme Court can overrule any state actions deemed unconstitutional.
• Current Status: All courts can strike down inconsistent legislation or actions.

Impact of Judicial Review

• Key Cases:
  • Brown v. Board of Education (1954): Ended segregation in public schools.
  • Gideon v. Wainwright (1963): Right to counsel in felony cases.
  • Loving v. Virginia (1967): Invalidated bans on interracial marriage.
  • Brandenburg v. Ohio (1969): Limited state laws on incitement.
  • Furman v. Georgia (1972): Halted inconsistent death penalty application.
  • Roe v. Wade (1973): Legalized abortion under privacy rights.
  • Buckley v. Valeo (1976): Struck down spending limits on political campaigns.
  • Regents of the University of California v. Bakke (1978): Addressed race-based admissions.
  • Lawrence v. Texas (2003): Legalized same-sex activity in states.
  • Citizens United v. FEC (2010): Allowed corporate election spending.
  • NFIB v. Sebelius (2012): Upheld Affordable Care Act but struck down Medicaid funding condition.
• Significance: Judicial review ensures courts act as a co-equal government branch, protecting rights against other branches' actions.