Judicial Review: Crash Course Government and Politics #21

Summary

In this episode of Crash Course Government and Politics, Craig Benzine explores the concept of judicial review, the Supreme Court's most crucial power. Despite not being explicitly mentioned in the Constitution, the Court established this authority in Marbury v. Madison. Judicial review allows the Court to examine and potentially invalidate actions by the legislative and executive branches, ensuring the Constitution's supremacy. The episode delves into the historical and political implications of this power, questioning its democratic legitimacy and its role in the evolution of U.S. governance.

Takeaways

• 🏛 Judicial review is the power of the Supreme Court to examine and invalidate actions by the legislative and executive branches, both at the federal and state levels.
• 👥 It is not explicitly mentioned in the Constitution but is considered a fundamental check on the power of other branches of government.
• 📚 The Supreme Court can review Congressional laws (statutes), state actions, federal bureaucratic agencies' actions, and Presidential actions.
• 🚫 The Court does not often declare laws unconstitutional to maintain predictability and avoid appearing overly political.
• 🛂 The power to review state actions comes from the Supremacy Clause of the Constitution, which establishes federal law as the supreme law of the land.
• 📈 The concept of judicial review was established in the landmark case of Marbury v. Madison, where the Court asserted its authority to declare laws unconstitutional.
• 🤔 The longevity of judicial review as a precedent is due to the principle of stare decisis, which means that courts generally adhere to previous decisions.
• 👮‍♂️ Judicial review can influence law enforcement practices, as seen in Miranda v. Arizona, which led to the requirement for police to inform suspects of their rights.
• 🤨 Some argue that judicial review is an anti-democratic usurpation of legislative power, as it allows judges to overturn laws made by elected representatives.
• 🌐 The power of judicial review is part of the evolving nature of U.S. governance, which adapts to the changing needs of the country over time.

Q & A

What is the main topic of this Crash Course Government and Politics episode?

The main topic of this episode is judicial review, which is considered the most important power of the Supreme Court, and its origin.

What does the term 'judicial review' refer to?

Judicial review refers to the power of the judiciary to examine and invalidate actions undertaken by the legislative and executive branches of both the federal and state governments.

Why does the Supreme Court not frequently declare laws unconstitutional?

The Supreme Court does not frequently declare laws unconstitutional to maintain predictability and expectations in the legal system, and to avoid appearing too political, which could erode public trust in its impartiality.

How does the Supreme Court's power to review state actions relate to the Supremacy Clause?

The power to review and overturn state actions comes from the Supremacy Clause in the Constitution, which establishes that federal law is the supreme law of the land.

What is an example of the Supreme Court extending civil rights through judicial review of state actions?

An example is Brown vs. Board of Education, where the Court struck down the idea of 'separate but equal' in the context of state public schools.

How does the Supreme Court typically handle cases involving federal bureaucratic agencies?

The Court usually defers to the expertise of bureaucrats if their actions are consistent with the intent of the legislature, and it almost never strikes down Congressional delegation of power to the executive.

What is a classic example of the Supreme Court overturning executive action?

A classic example is U.S. vs. Nixon, where the Court denied the President's claim of executive privilege and forced him to turn over recordings related to the Watergate scandal.

Where does the power of judicial review come from according to the Constitution?

The power of judicial review is not explicitly mentioned in the Constitution. It was established by the Supreme Court itself in the case of Marbury vs. Madison.

How did the Supreme Court grant itself the power of judicial review in Marbury vs. Madison?

In Marbury vs. Madison, Chief Justice John Marshall ruled that the Court had the power to review, uphold, and strike down executive actions, and in doing so, he struck down part of the Judiciary Act of 1789 as unconstitutional.

What is the principle of stare decisis, and how does it relate to the longevity of judicial review?

Stare decisis is the principle that Supreme Court precedents are binding on future Supreme Courts, meaning they generally stand unless there is a compelling reason to overturn them. This contributes to the longevity of judicial review as established in Marbury vs. Madison.

How does the concept of judicial review relate to the principle of separation of powers?

Judicial review can be seen as a check on the legislative and executive branches, ensuring that they do not overstep their constitutional boundaries. However, some argue that it violates the separation of powers by allowing unelected judges to overturn laws made by elected representatives.