JUDICIAL REVIEW JUDICIAL REVIEW Technically Judicial Review is

JUDICIAL REVIEW

JUDICIAL REVIEW • Technically, Judicial Review is the power of the judiciary to examine and invalidate actions undertaken by the legislative and executive branches of the state and federal governments. • WHAAAAAAAAAAAAAAAAAT!? !? !? !? • In your own words, what does this mean?

JUDICIAL REVIEW • The Court has the Power to review the following: • Congressional Laws (Statutes) • State Action • Federal Bureaucratic Agencies • Presidential Actions

JUDICIAL REVIEW • What do you think the Supremacy Clause means? • Establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land. " • Provides that these are the highest form of law in the United States legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either a state constitution or state law of any state. • In simple terms, any "supreme law" is one which must be followed by anyone, even if its constitutionality conflicts that of a state law.

JUDICIAL REVIEW • What are the criticisms of Marbury v Madison? • Gives the SCOTUS power that is supposed to belong to the legislature, essentially • Make or invalidate law

JUDICIAL REVIEW • Why is Marbury v Madison still around? • SCOTUS is generally hesitant to go against precedent • What is precedent? • Brown v Board of Education