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Questions and Answers
What is judicial review?
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?
What is the basis for judicial review according to Hamilton?
Did Hylton v US 1796 declare a law unconstitutional?
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?
Was Marbury v Madison 1803 the first case where the Supreme Court used judicial review to declare an Act of Congress unconstitutional?
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Marbury v Madison 1803 was the first case to enunciate the principle of judicial review.
Marbury v Madison 1803 was the first case to enunciate the principle of judicial review.
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What is known as the 'linchpin of the Constitution' in judicial review?
What is known as the 'linchpin of the Constitution' in judicial review?
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What does 'coordinate branch' judicial review refer to?
What does 'coordinate branch' judicial review refer to?
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How limited is the authority of the federal government?
How limited is the authority of the federal government?
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What did Scott v Sandford 1857 achieve regarding judicial review?
What did Scott v Sandford 1857 achieve regarding judicial review?
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What was the Taney Court's position in Scott v Sandford 1857?
What was the Taney Court's position in Scott v Sandford 1857?
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Was the Missouri Compromise upheld in Scott v Sandford 1857?
Was the Missouri Compromise upheld in Scott v Sandford 1857?
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What is the role of a state supreme court in determining a slave's status?
What is the role of a state supreme court in determining a slave's status?
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The Constitution gave Congress the authority to forbid or abolish slavery.
The Constitution gave Congress the authority to forbid or abolish slavery.
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What did Ex parte McCardle 1869 determine about judicial review?
What did Ex parte McCardle 1869 determine about judicial review?
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How does Congress impact the current views on judicial review?
How does Congress impact the current views on judicial review?
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What did the Chicago, Milwaukee, and St. Paul Railway Co v Minnesota 1890 case involve?
What did the Chicago, Milwaukee, and St. Paul Railway Co v Minnesota 1890 case involve?
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Is the admission of new states subject to judicial review?
Is the admission of new states subject to judicial review?
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What was affirmed by US v Butler 1936 regarding judicial restraint?
What was affirmed by US v Butler 1936 regarding judicial restraint?
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Match Madison's and Hamilton's views on 'general welfare':
Match Madison's and Hamilton's views on 'general welfare':
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What was upheld in Yakus v US 1944 regarding judicial review?
What was upheld in Yakus v US 1944 regarding judicial review?
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What occurred in City of Boerne, Texas v Flores 1997?
What occurred in City of Boerne, Texas v Flores 1997?
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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.
