How does Judicial review function in our federal government?
Judicial review is the power of the courts to review and determine the constitutionality of laws and actions undertaken by the President, Congress, or other government officials. This power is not explicitly stated in the Constitution but was established by the Supreme Court in the landmark case Marbury v. Madison in 1803.
Through the process of judicial review, federal courts have the power to declare laws and actions unconstitutional, and thereby null and void. This means that the courts can strike down a law or action if it violates the Constitution or other federal laws.
Judicial review serves as an important check on the powers of the other two branches of government, ensuring that they do not overstep their constitutional bounds. It helps to maintain a balance of power among the three branches of government and protects individual rights and freedoms.
In practice, anyone can challenge a law or government action and ask a court to review it for constitutionality. The court will then hear arguments from both sides and make a determination as to whether the law or action is constitutional or not. Ultimately, it is the Supreme Court that has the final say on constitutional matters, and its decisions are binding on all lower courts in the country.
Judicial review is the power of the judicial branch of the federal government to review, interpret, and decide on the constitutionality of laws, executive actions, and governmental policies. The process of judicial review functions in the following steps:
1. Lawsuit Initiation: Judicial review begins with a lawsuit filed by an individual or group challenging the constitutionality of a law, action, or policy. The case is usually brought before a federal district court.
2. Trial Court Review: The trial court reviews the case and examines the relevant legal arguments and evidence presented by both parties. The court analyzes the constitutionality of the law or action in question using constitutional provisions, previous court decisions, and legal precedents.
3. Appellate Court Review: If either party is dissatisfied with the trial court's decision, they may appeal to a higher court. In the federal system, this typically involves the U.S. Court of Appeals, which has the power to affirm or reverse the lower court's decision.
4. Supreme Court Review: If the case is further appealed, it may reach the U.S. Supreme Court, which is the highest court in the federal system. The Supreme Court chooses which cases to hear, typically selecting those with significant legal or constitutional implications. If the Supreme Court agrees to hear the case, it conducts a thorough review of the legal arguments, employing a process known as "granting certiorari." The Court then makes a final decision on the constitutionality of the law or action.
5. Court Decision: After reviewing the case, the court issues a judgment or ruling, which may declare the law or action constitutional or unconstitutional. If the court finds the law or action unconstitutional, it may be invalidated, meaning it can no longer be enforced. The court's decision sets a precedent for future cases and provides guidance for lower courts.
It's important to note that judicial review is not explicitly granted in the Constitution but was established by the landmark Supreme Court case Marbury v. Madison (1803). This case affirmed the authority of the judiciary to review laws and interpret the Constitution. Judicial review plays a crucial role in maintaining the system of checks and balances by ensuring that governmental actions adhere to the principles and requirements of the U.S. Constitution.