Government and politics concepts · AP U.S. Government and Politics, AP U.S. History
Judicial review
Judicial review: The power of courts to declare laws or government actions unconstitutional.
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What it means
Judicial review is not stated explicitly in the Constitution. The Supreme Court asserted it in Marbury v. Madison (1803), and Hamilton defended the idea in Federalist No. 78. It allows courts to check the legislative and executive branches and the states.
Debates over judicial review often center on judicial activism and restraint: how willing courts should be to overturn decisions of elected officials.
Example
When the Supreme Court strikes down a state law as a violation of the First Amendment, it is exercising judicial review.
On the exam
Judicial review appears in Unit 2 questions on the courts and in SCOTUS comparison and argument essays.
Lessons and practice questions
Related terms
- Marbury v. Madison (1803)The Supreme Court case that established the power of judicial review over acts of Congress.
- Federalist No. 78Alexander Hamilton's essay defending an independent federal judiciary with life tenure and the power of judicial review.
- Stare decisisThe principle that courts should follow precedent, deciding similar cases in the same way as earlier decisions.
- Judicial activism and judicial restraintCompeting views of the courts' role: activism favors using judicial power to correct injustices, restraint favors deferring to elected branches and precedent.