Judicial Review and Federalism Overview

Study Notes

Judicial review is the power of courts to examine the actions of the legislative and executive branches to determine if they align with the Constitution.
Established by Marbury v. Madison (1803).
Chief Justice John Marshall asserted the role of the judiciary as the interpreter of the law.
Judicial review allows the Supreme Court to declare laws and actions unconstitutional.
The power of judicial review is not explicitly stated in the Constitution but has been inferred by the Court.

Federalism divides power between the federal government and state governments.
The Constitution grants specific powers to the federal government (enumerated powers) and reserves other powers to the states (10th Amendment).
Key cases in federalism include McCulloch v. Maryland (1819) which upheld the implied powers of Congress and affirmed the supremacy of federal law.
Gibbons v. Ogden (1824) dealt with the Commerce Clause, confirming Congress's power to regulate interstate commerce.

Separation of powers divides government functions into three branches: legislative, executive, and judicial.
Each branch has distinct powers and responsibilities to prevent any one branch from becoming too powerful.
Checks and balances enable each branch to limit the powers of others. Example: the president can veto legislation, Congress can override vetoes, and courts can declare laws unconstitutional.
Youngstown Sheet & Tube Co.v. Sawyer (1952) limited executive power by ruling that President Truman could not seize steel mills without congressional authorization.

The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce with foreign nations, states, and Indian tribes.
The interpretation of the Commerce Clause has evolved over time, reflecting different views on federal power.
Wickard v. Filburn (1942) expanded Congress's power under the Commerce Clause, allowing regulation of local activities affecting interstate commerce.
United States v. Lopez (1995) limited Congress's power under the Commerce Clause, ruling that the Gun-Free School Zones Act went beyond federal authority.

The Necessary and Proper Clause (Article I, Section 8, Clause 18) grants Congress the authority to create laws necessary to carry out its enumerated powers.
McCulloch v. Maryland found that Congress had implied powers, and creating a national bank was within Congress's authority.
The clause has been used to justify federal legislation that is not explicitly mentioned in the Constitution, but seen as necessary to achieve federal objectives.

The Due Process Clause and Equal Protection Clause are part of the 14th Amendment.
The Due Process Clause prohibits the government from depriving individuals of life, liberty, or property without fair procedures.
The Equal Protection Clause requires states to provide equal protection under the law for everyone within their jurisdiction.
Brown v. Board of Education (1954) ruled that racial segregation in public schools violated the Equal Protection Clause.
Plessy v. Ferguson was overturned by Brown v. Board of Education.