Judicial Review Notes PDF

**Judicial Review** - Judicial review is the power of the courts to examine the actions of the legislative and executive branches and to determine whether such actions are consistent with the Constitution. - Established by *Marbury v. Madison* (1803), where Chief Justice John Marsh...

**Judicial Review** - Judicial review is the power of the courts to examine the actions of the legislative and executive branches and to determine whether such actions are consistent with the Constitution. - Established by *Marbury v. Madison* (1803), where Chief Justice John Marshall asserted that \"it is emphatically the province and duty of the Judicial Department to say what the law is.\" - Judicial review enables the Supreme Court to invalidate laws and actions that are deemed unconstitutional. - The power of judicial review is not explicitly stated in the Constitution but has been inferred by the Court. **Federalism** - Federalism is the division of power between the federal government and the state governments. - The Constitution grants certain powers to the federal government (enumerated powers) and reserves all other powers to the states (10th Amendment). - Key cases in federalism include *McCulloch v. Maryland* (1819), where the Supreme Court upheld the implied powers of Congress and reinforced the supremacy of federal law over state law. - *Gibbons v. Ogden* (1824) addressed the Commerce Clause, affirming Congress\'s power to regulate interstate commerce. **Separation of Powers** - The separation of powers is a doctrine that divides the functions of government into three branches: the legislative, executive, and judicial branches. - Each branch has distinct powers and responsibilities to prevent any one branch from becoming too powerful. - The system of checks and balances allows each branch to limit the powers of the others. For example, the president can veto legislation, Congress can override vetoes, and the courts can rule laws unconstitutional. - Landmark case: *Youngstown Sheet & Tube Co. v. Sawyer* (1952) limited executive power by ruling that President Truman could not seize steel mills during the Korean War without Congressional authorization. **Commerce Clause** - The Commerce Clause (Article I, Section 8, Clause 3) gives Congress the power \"to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.\" - Over time, the interpretation of the Commerce Clause has expanded and contracted depending on the Court\'s views on federal power. - *Wickard v. Filburn* (1942) expanded Congress\'s power under the Commerce Clause, allowing regulation of local activities that affect interstate commerce. - *United States v. Lopez* (1995) was a significant case that limited Congress's power under the Commerce Clause, ruling that the Gun-Free School Zones Act exceeded federal authority. **Necessary and Proper Clause** - The Necessary and Proper Clause (Article I, Section 8, Clause 18) grants Congress the authority to pass all laws necessary and proper to carry out its enumerated powers. - This clause was central in *McCulloch v. Maryland*, where Chief Justice Marshall ruled that Congress had implied powers and that the creation of a national bank was within Congress's authority. - The clause has been used to justify federal legislation that, while not explicitly mentioned in the Constitution, is seen as necessary to achieve the federal government's objectives. **Due Process and Equal Protection** - The Due Process Clause and Equal Protection Clause are part of the 14th Amendment and have been essential in civil rights and liberties cases. - 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 to all people within their jurisdictions. - Key case: *Brown v. Board of Education* (1954) ruled that racial segregation in public schools violated the Equal Protection Clause, overturning *Plessy v. Ferguson*.