Judicial Review Flashcards

Which Chief Justice authored the Marbury v. Madison opinion establishing judicial review?

Answer: John Marshall

Chief Justice John Marshall wrote the unanimous 1803 opinion that established the Supreme Court's power of judicial review.

When the Supreme Court strikes down a federal law as unconstitutional, it is exercising what power?

Answer: Judicial review

Judicial review is the authority of federal courts to invalidate laws that conflict with the Constitution.

In Marbury v. Madison, what did the Court find about Section 13 of the Judiciary Act of 1789?

Answer: It conflicted with Article III and was void

Marshall ruled that Section 13 unconstitutionally expanded the Court's original jurisdiction beyond what Article III permitted.

Which branch of government does judicial review most directly check?

Answer: Both the legislative and executive branches

Judicial review applies to acts of Congress, executive actions, and state laws, checking all other branches.

The concept of judicial review is explicitly mentioned in which part of the Constitution?

Answer: It is not explicitly mentioned

The text of the Constitution does not explicitly grant the power of judicial review; it was established by judicial interpretation in Marbury v. Madison.

Which term describes the doctrine that courts should avoid deciding constitutional questions unless absolutely necessary?

Answer: Constitutional avoidance

The constitutional avoidance canon holds that courts should interpret statutes to avoid constitutional problems when possible.

What is the significance of the 'presumption of constitutionality' in judicial review?

Answer: Courts give deference to legislatures and require challengers to prove unconstitutionality

Courts generally presume statutes are constitutional, placing the burden of proof on those challenging the law.