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

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