Judicial Review Flashcards
7 cards from real US practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Judicial Review flashcards as text
What is 'rational basis review,' the most deferential standard of judicial review?
Answer: Courts uphold a law if it is rationally related to a legitimate government interest
Rational basis review requires only that the law be rationally connected to a legitimate government goal, and is used for most economic and social legislation.
Which standard of judicial review applies to laws that discriminate on the basis of sex or gender?
Answer: Intermediate scrutiny
Intermediate scrutiny, established in Craig v. Boren (1976), requires that sex-based classifications serve an important government interest and be substantially related to that interest.
In what year did Marbury v. Madison establish judicial review?
Answer: 1803
The Supreme Court decided Marbury v. Madison in 1803, establishing the Court's authority to invalidate unconstitutional acts of Congress.
What is meant by 'facial' versus 'as-applied' challenges in judicial review?
Answer: Facial challenges attack a law's text entirely; as-applied challenges contest the law's application in a specific situation
A facial challenge argues the law is always unconstitutional; an as-applied challenge argues the law is unconstitutional as applied to the plaintiff's particular facts.
Which president openly defied the implied logic of judicial review by allegedly saying a court ruling could not be enforced without an army?
Answer: Andrew Jackson
Andrew Jackson is famously (though perhaps apocryphally) credited with saying Chief Justice Marshall had made his decision and could enforce it himself.
Which constitutional provision grants the Supreme Court appellate jurisdiction over cases from lower federal courts?
Answer: Article III, Section 2
Article III, Section 2 grants the Supreme Court appellate jurisdiction 'with such Exceptions and under such Regulations as the Congress shall make.'
What did the Court hold in Cooper v. Aaron (1958) regarding judicial review?
Answer: The Supreme Court's constitutional interpretations are binding on all state officials
In Cooper v. Aaron, the Court unanimously declared that its constitutional interpretations under Marbury are binding on every state official.