Judicial Review
Definition: Who decides whether an act of government oversteps
the limits placed on it by the Constitution? Historically, the judges in the
federal courts have made the decisions. The principle of judicial review was
established early in the history of the nation. It means that federal courts
have the power to review government acts and to nullify, or cancel, any that
are unconstitutional, or violate a provision of the Constitution
How has it Been Applied Today?
Example: Brown v Board of Education (1954)
- Demonstrates judicial review as a state law was overturned allowing segregation.
Example: Texas v Johnson (1989)
- Demonstrates judicial review as a Texas law prohibiting the desecration of a flag was overturned.
Example: Roe v Wade (1973)
- Demonstrates judicial review as a Texas law prohibiting abortion was overturned.
But how has it Been Applied Over Time?
English Petition of Rights (1628): Stated that the monarch must obey the law of the land.
- Demonstrates judicialreview as the monarch could be tried if boundaries went overlooked.
visit http://www.constitution.org/eng/petright.htm to learn more.
New Jersey Plan (1787): Federal judiciary headed by a supreme tribunal.
- Demonstrates judicial review as a federal court and supreme court was established.
visit http://www.usconstitution.net/plan_nj.html to learn more.
Virginia Plan (1787): Called for a new constitution to be made after thoroughly revising the Articles of Confederation.
- Demonstrates judicial review as the Articles of Confederation were deemed weak and a new constitution was formed.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
Virginia Plan (1787): Called for an executive, legislative, and judicial branch to be formed.
- Demonstrates judicial review as the judicial branch was first set up after this act.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
Virginia Plan (1787): Congress would chose an executive and national judiciary.
- Demonstrates judicial review as a judicial system was chosen to review laws and restrictions of the government.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
English Bill of Righhts (1689): Right to a fair trial.
- Demonstrates judicial review as the federal courts are allowed to deem people innocent or guilty.
visit http://www.constitution.org/bor/eng_bor.htm to learn more.
Magna Carta (1215): Established the principle that the power of the monarchy was not absolute.
- Demonstrates judicial review as the people acted as a court, reviewing and nulifying the king's powers.
visit http://www.constitution.org/eng/magnacar.htm to learn more.
Declaration of Independence (1776): Government is instituted among men.
- Demonstrates judicial review as the people of the colonies acted as a judiciary power by nulifying British control.
visit http://www.history.com/topics/declaration-of-independence to learn more.
Declaration of Independence (1776): Right to people to alter or abolish government if it becomes too powerful.
- Demonstrates judicial review as the people act as a judiciary power to nulify its own established government.
visit http://www.history.com/topics/declaration-of-independence to learn more.
First State Constitutions (1776-1780): People are sovereign.
- Demonstrates judicial review as the people act as a jucial power and can deem laws and restrictions by the government unnecessary.
visit http://teachergenius.teachtci.com/the-first-state-constitutions/ to learn more.