Lesson 5: Origins of Judicial Review

Understanding the origins of judicial review is fundamental to grasping the role and power of the judiciary in the United States. Judicial review enables courts to interpret the Constitution and nullify laws they find unconstitutional.

What is Judicial Review?

Judicial review is the power of the courts to examine the actions of the legislative and executive branches and to invalidate those that violate the Constitution.

Historical Context

The concept of judicial review can be traced back to the early days of the American Republic and is rooted in the writings of key figures such as Alexander Hamilton and James Madison.

In Federalist No. 78, Hamilton argued for the judiciary's role in interpreting the Constitution and ensuring that no governmental branch exceeds its authority.

Marbury v. Madison

The landmark case that established the principle of judicial review was Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted the power of the Supreme Court to void acts of Congress that conflict with the Constitution.

Here's a diagram illustrating the decision process in Marbury v. Madison:

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Implications of Judicial Review

Judicial review has significant implications for the balance of power among the three branches of government. It ensures that the legislative and executive branches do not exceed their constitutional boundaries.

Here's a diagram showing the balance of power:

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Further Reading

For additional insights into the origins and implications of judicial review, you can refer to the following lessons:

For an in-depth understanding, check out Constitutional Law: Principles and Policies by Erwin Chemerinsky. This book provides comprehensive insights into constitutional law, perfect for students and professionals alike.