Judicial Review Flashcards
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Judicial Review Flashcards

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Questions and Answers

What is judicial review?

Allows the Supreme Court to review acts of the other branches of government and state laws, and judicial decisions that involve the Constitution

What is the basis for judicial review according to Hamilton?

  • To protect rights
  • Fundamental Law
  • To ensure Congress is constitutional
  • All of the above (correct)

    • Did Hylton v US 1796 declare a law unconstitutional?

    False

    Was Marbury v Madison 1803 the first case where the Supreme Court used judicial review to declare an Act of Congress unconstitutional?

    <p>True</p> Signup and view all the answers

    Marbury v Madison 1803 was the first case to enunciate the principle of judicial review.

    <p>False</p> Signup and view all the answers

    What is known as the 'linchpin of the Constitution' in judicial review?

    <p>Federal laws being 'supreme' to state laws; Supremacy judicial review</p> Signup and view all the answers

    What does 'coordinate branch' judicial review refer to?

    <p>Review of executive/legislative actions for constitutional compliance</p> Signup and view all the answers

    How limited is the authority of the federal government?

    <p>Limited to the authority given in the Constitution</p> Signup and view all the answers

    What did Scott v Sandford 1857 achieve regarding judicial review?

    <p>It was the first time the court used judicial review to overturn a popular law.</p> Signup and view all the answers

    What was the Taney Court's position in Scott v Sandford 1857?

    <p>Scott remained a slave without U.S. citizenship, as he was property protected by the Constitution.</p> Signup and view all the answers

    Was the Missouri Compromise upheld in Scott v Sandford 1857?

    <p>False</p> Signup and view all the answers

    What is the role of a state supreme court in determining a slave's status?

    <p>The state's supreme court has the right to determine a slave's status based on their own laws.</p> Signup and view all the answers

    The Constitution gave Congress the authority to forbid or abolish slavery.

    <p>False</p> Signup and view all the answers

    What did Ex parte McCardle 1869 determine about judicial review?

    <p>Judicial review may be limited by Congressional action over the Court's appellate jurisdiction.</p> Signup and view all the answers

    How does Congress impact the current views on judicial review?

    <p>Congress can make exceptions to which cases the Court hears.</p> Signup and view all the answers

    What did the Chicago, Milwaukee, and St. Paul Railway Co v Minnesota 1890 case involve?

    <p>Judicial review applied to discretionary rules and decisions of governmental agencies.</p> Signup and view all the answers

    Is the admission of new states subject to judicial review?

    <p>False</p> Signup and view all the answers

    What was affirmed by US v Butler 1936 regarding judicial restraint?

    <p>Decide constitutional questions based on whether the law aligns with the Constitution.</p> Signup and view all the answers

    Match Madison's and Hamilton's views on 'general welfare':

    <p>Madison = General welfare limited to specific authorizations in the Constitution Hamilton = Taxing and spending can be done for 'general welfare' if being served</p> Signup and view all the answers

    What was upheld in Yakus v US 1944 regarding judicial review?

    <p>Restrictions on judicial review pertaining to regulatory decisions.</p> Signup and view all the answers

    What occurred in City of Boerne, Texas v Flores 1997?

    <p>Court declared an Act of Congress unconstitutional.</p> Signup and view all the answers

    Study Notes

    Judicial Review Overview

    • Judicial review enables the Supreme Court to evaluate the constitutionality of legislative and executive actions, as well as state laws and judicial decisions.

    Basis for Judicial Review

    • Hamilton described judicial review as a protective measure for rights, ensuring Congress does not enact unconstitutional laws.

    Hylton v US 1796

    • Supreme Court affirmed the constitutionality of a tax law, indicating its authority to nullify unconstitutional acts.

    Marbury v Madison 1803

    • Marked the first application of "co-ordinate branch" judicial review, where the Court declared an Act of Congress unconstitutional.

    Marbury v Madison Key Points

    • It was not the first judicial review case, though it established significant principles.
    • Federal laws are deemed "supreme" over state laws—this supremacy is a core component of judicial review.
    • "Coordinate branch" judicial review assesses if executive or legislative actions conflict with constitutional provisions.

    Limitations of Federal Authority

    • Federal government authority is strictly confined to what is explicitly granted by the Constitution.

    Marbury v Madison Last Paragraph Highlights

    • Emphasizes the review of congressional actions and the importance of adhering to constitutional norms.
    • Judges must respect constitutional boundaries, impacting the jurisdiction of federal courts.

    Scott v Sandford 1857

    • First instance where judicial review was used to invalidate a popular law, provoking significant public backlash and contributing to the Civil War.

    Scott v Sandford Highlights

    • Taney Court ruled that Dred Scott remained a slave, denying him U.S. citizenship and declaring him property protected under the Constitution.
    • The decision invalidated the Missouri Compromise by classifying slaves as property.

    State Supreme Court Authority

    • State supreme courts can determine a slave's legal status based on state laws.

    Constitution and Slavery

    • The Constitution did not empower Congress to abolish slavery, thereby protecting the institution of slavery.

    Ex parte McCardle 1869

    • Affirmed that Congress can restrict the Supreme Court's appellate jurisdiction, limiting the Court’s reach regarding certain cases.

    McCardle Case Implications

    • Established Congressional power to dictate which cases the Supreme Court can hear, protecting the Court from addressing unpopular decisions.

    Chicago, Milwaukee and St. Paul Railway Co v Minnesota 1890

    • Highlighted that judicial review applies not only to legislative power distributions but also to discretionary rules and government agency decisions.

    Coyle v Smith 1911

    • Confirmed that the admission of new states falls outside the scope of judicial review.

    US v Butler 1936

    • Supported the practice of judicial restraint, suggesting that constitutional questions should align closely with the Constitution's Articles, rather than broader national interests.

    Madison v Hamilton Debate

    • Madison argued "general welfare" must align with explicit constitutional authorizations.
    • Hamilton contended that taxing and spending are permissible if they serve the general welfare, endorsing a broader interpretation.

    Yakus v US 1944

    • Upheld restrictions on judicial review regarding regulatory decisions made by agencies, with the establishment that spending decisions fall outside judicial scrutiny.

    City of Boerne, Texas v Flores 1997

    • The Court struck down an Act of Congress for violating principles of judicial independence by dictating how laws should be interpreted, asserting judicial interpretation as a constitutional responsibility.

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    Description

    Explore key concepts of judicial review with these flashcards. Learn about its definition, historical context, and significant cases such as Hylton v US. Perfect for students wanting to understand the foundational role of the Supreme Court in interpreting the Constitution.

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