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Understanding Judicial Review

The above content belongs to the subject of Social Studies, specifically under the topic of Civics or Government. It focuses on the judicial branch of the U.S. government and the concept of judicial review.

Daniel Miller
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Judicial ReviewName:Thousands have gathered outside the Supreme Court ih protest, bothi n support of and against a new law. A group of school shooting victimslobbied t o get a gun control law passed t o stop gun violence in schools.Many support the law and believe it will make our country safer. Otherssay the new law is unconstitutional because it limits private citizens' abilityt o purchase guns The case tes been brouit t o the Supreme Court, andit's up t o them t o deodefitrfwhySit t p t otheCourt anyway?Let s Talk About Judicial ReviewJudicial reviewis the power of the Supreme Court to decidewhether a law, executive order, or other act of government isconstitutional or not. Its the ultimate check on the executiveand legislative branches of government. Why? Because it allowsthe Supreme Court t o evaluate actions from the presidentand Congress—and, in some cases, reverse them. Think thePresidents new executive order violated freedom of speech orthat Congress' new law restricted your right to equal protection? You can take it up in federal court.Whenever a citizen can demonstrate that a law or government action violated their rights, they canbring that complaint to the courts. Their complaint is the first step in the process called judicial review.Its Constitutional, Right?Wrong. Contrary to what some might think, the power of judicial review isnot expressly given in the Constitution. In fact, this power wasn't evenestablished until 1803, almost fifteen years after the states ratified the U.S.Constitution. That was when a Federalist judge namedWilliam Marburystarted the process that would change the way the courts functioned forever.Step back into 1801. President John Adams, a member of theFederalist party and only the second President of theUnited States ever, was about to step downand hand over the reins to a Democratic-,. .Republican, Thomas Jefferson.IKtffamMarburyThe power t o appoht Judcesis still a big deal because it's away for the executive did legislativebranches t o influence the federalcourts, especially the supreme one! Shcepresidents are respoisib.e for nominathcJudges, they often choose canddates whoseruling.- have proven t o alicpi with their o w ipolitical party. Aid because federal lodges servefor life, their rulings impact the country muchlonger than a president's one o r two terms. Ofcourse this doesn't always work out Sometimes,as with Preside itObama ih 2016, an Dpposiigparty in the Senate stops the Judicial nanhatiohfrom being approved This is one way Congress caninfluence the Mdciai branch a s wekFederalist? Democratic-RepubticanfYoumight be wonderingwhy all those lab-els even matter. Federalist and Democratic-Republican were the main political parties people identifiedwith at the time, like Democratic and Republican today.1801 was the first-ever political party change in thehistory of our country, so things were a bit tense. BeforeAdams stepped down, h e appointed several federaljudges. (Not to be confused withFederalist;"federal"here means that they worked for the nationalgovernment, not the states). All of the judges werefrom his political party. Adams hoped that theFederalists would be able to control the courtsonce the Democratic-Republicans took office. Butonce Jefferson was in office, he and Secretaryof State James Madison decided not to send theletters that finalized the judges' appointments.lBVlCfiI20191071(3, Ire.Reading - Side A

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