D Key Points about Judicial Review 1 Judicial
D. Key Points about Judicial Review
1) Judicial Review is not mentioned in the Const. Alexander Hamilton Federalist #78 John Marshall Marbury v. Madison (1803)
2) S. C. decisions can be overridden by Amendments Scott v. Sandford (1857) Missouri Compromise of 1820 13 th Amendment (1865)
3) Supreme Court has no enforcement power. Brown v. Bd. of Education (1954) Southern Manifesto.
4) The Const. means whatever the S. C. says it means. Texas v. Johnson (1989) Communist, anti-Reagan protestor. Flag burning = free speech
5) There are no absolute rights. “Rights in conflict. ” Schenck v. U. S. (1919) Oliver Wendell Holmes, Jr. “Clear and Present Danger” Test
6) S. C. may reverse itself. Roe v. Wade (1973) 7 -2 decision Today’s Supreme Court: 5 appointed by Republican (pro-life) presidents. 4 appointed by Democrat (pro-choice) presidents.
7) S. C. is not immune from public opinion. Korematsu v. U. S. (1944) Japanese internment th 5 Amendment – Due Process?
th 14 E. The Amendment Thesis: The 14 th Amendment greatly increased the power and the reach of the Supreme Court!
Barron v. Baltimore (1833) Business damaged by state action. Barron sues. Maryland state courts refuse compensation. Barron appeals to federal S. C. on 5 th Amendment grounds.
Barron v. Baltimore (1833) Government can’t deny life, liberty or property without due process (“Due Process” clause). Chief Justice John Marshall. Does the Bill of Rights restrict STATE actions? S. C. says, NO!
Const. Bill of Rights S. C. Fed. Appeals Fed. District Courts Congress President F E D E R A L I S M State Const. State S. C. State Appeals State District Courts State Govt.
The th 14 Amendment (1868) 13 th Amendment (1865) – outlawed slavery. Black codes (STATE laws) limited the rights of freed slaves. Barron decision limited STATE cases to STATE courts.
State Court Systems To Fed. Courts State S. C. State Appeals Courts State District Courts Jury
The th 14 Amendment (1868) Gives citizenship to anyone born in the United States. “No STATE can deny life, liberty or property without due process. ” “Nor shall any STATE deny the equal protection of the laws.
Const. Bill of Rights 14 th Amendment F S. C. Fed. Appeals Fed. District Courts Congress President E D E R A L I S M State S. C. State Const. State Appeals State District Courts State Govt.
Conclusion The Barron decision limited state cases to state courts. Re-statement of Thesis: The Black codes showed that not all Supreme immensely states are fair. Court to all is citizens. more powerful as a result of the th 14 Amend was originally th Amendment! 14 intended to help freed slaves. Now it can be used by anyone to challenge unfair state laws & actions.
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