Reference no: EM132848761

The Supreme Court and Judicial Review

• "If children do not understand the Constitution, they cannot understand how our government functions, or what their rights and responsibilities are as citizens of the United States." - John Roberts
• Although the Judiciary Act of 1789 established the legal concept of judicial review, it was the 1803 Supreme Court Case, Marbury v. Madison, which established the Supreme Court as the arbiter of whether the executive actions, congressional legislation, or lower court judicial decisions are constitutional.
• In 1803, the Supreme Court heard the case, Marbury v. Madison. Chief Justice John Marshall, writing on behalf of a unanimous court, stated "it is emphatically the province and duty of the judicial department to say what the law is." (Marbury v. Madison, 1803) In other words, the Supreme Court has the power to the final decider on what is constitutional or unconstitutional - be it congressional legislation, executive action, or judicial decisions. The Supreme Court's power of judicial review is a salient component of this country's ‘checks and balances' system. Here is a full account of Marbury v. Madison from the U.S. Archives.
• Today, the Supreme Court routinely hears cases that evaluate the constitutional authority of executive actions, congressional legislation, and lower court judicial decisions.

Discussion 1: Identify the constitutional powers of judicial branch.

Discussion 2: How does the Supreme Court act as a check against executive authority?

Discussion 3: How does the Supreme Court act as a check against legislative authority?