4.3 Judicial Review and Landmark Supreme Court Cases

The Supreme Court's power of judicial review is a cornerstone of the American legal system. This authority allows the Court to interpret the Constitution and strike down laws that violate it, serving as a crucial check on the other branches of government.

Landmark cases like Marbury v. Madison established judicial review, while others like Brown v. Board of Education and Roe v. Wade have had far-reaching impacts on society. These decisions shape constitutional interpretation and influence policy on issues from civil rights to executive power.

Judicial Review: Definition and Basis

Constitutional Foundation and Powers

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• Judicial review empowers the Supreme Court to assess constitutionality of laws and executive actions
• Article III and Supremacy Clause form the basis for judicial review despite not being explicitly stated
• Supreme Court acts as a check on legislative and executive branches through judicial review
• Process involves interpreting Constitution and applying provisions to specific cases
• Court can strike down unconstitutional laws or executive actions, effectively nullifying them
• Stare decisis principle ensures consistency in constitutional interpretation over time
• Critics argue judicial review grants excessive power to Supreme Court, potentially leading to "judicial activism"

Practical Application and Implications

• Judicial review allows courts to examine laws for alignment with constitutional principles
• Supreme Court interprets Constitution in light of contemporary issues and societal changes
• Lower courts also exercise judicial review, subject to potential Supreme Court review
• Judicial review impacts various areas of law (civil rights, criminal justice, environmental regulations)
• Court considers multiple factors when exercising judicial review (text of Constitution, historical context, precedent)
• Judicial review decisions can have far-reaching consequences on government policies and individual rights
• Public opinion and political pressure can influence, but not dictate, the Court's exercise of judicial review

Marbury v. Madison: Establishing Judicial Review

Case Background and Decision

• Marbury v. Madison (1803) formally established judicial review in United States legal system
• Dispute arose from judicial appointments by outgoing President John Adams
• Incoming President Thomas Jefferson's administration refused to deliver commissions
• Chief Justice John Marshall's opinion asserted Supreme Court's authority to review acts of Congress
• Decision established Constitution as supreme law of the land
• Affirmed judiciary's power to interpret Constitution
• Declared courts' duty to disregard laws conflicting with Constitution

Long-term Impact and Significance

• Set precedent for Supreme Court as final arbiter of constitutional interpretation
• Expanded Supreme Court's power and influence in American political system
• Established balance of power between judicial branch and other government branches
• Reinforced system of checks and balances in U.S. government
• Influenced subsequent landmark cases and constitutional debates
• Shaped development of American constitutional law and judicial system
• Created framework for challenging unconstitutional laws and government actions

Landmark Supreme Court Cases: Impact on Society

Civil Rights and Individual Liberties

• Brown v. Board of Education (1954) overturned "separate but equal" doctrine
  • Paved way for school desegregation
  • Advanced civil rights movement
  • Challenged systemic racial discrimination in education
• Roe v. Wade (1973) established constitutional right to abortion
  • Sparked ongoing debates about reproductive rights
  • Influenced state-level abortion legislation
  • Shaped discussions on privacy and personal autonomy
• Obergefell v. Hodges (2015) legalized same-sex marriage nationwide
  • Marked significant shift in LGBTQ+ rights
  • Influenced societal attitudes towards marriage equality
  • Led to changes in family law and benefits policies

Political and Economic Implications

• Citizens United v. FEC (2010) redefined campaign finance laws
  • Allowed corporations and unions to spend unlimited amounts on political advertising
  • Impacted nature of political campaigns and fundraising
  • Raised questions about corporate influence in elections
• District of Columbia v. Heller (2008) interpreted Second Amendment as protecting individual right to bear arms
  • Influenced gun control legislation and debates
  • Impacted state and local firearm regulations
  • Shaped discussions on public safety and individual rights

Supreme Court Decisions: Shaping Constitutional Interpretation

Evolving Interpretations and Doctrines

• "Living constitutionalism" views Constitution as document interpreted in light of contemporary circumstances
• Wickard v. Filburn (1942) expanded federal power through Commerce Clause interpretation
  • Broadened understanding of interstate commerce regulation
  • Increased federal government's ability to address national economic issues
• 14th Amendment's Equal Protection Clause interpretation broadened over time
  • Extended protections to various minority groups
  • Influenced civil rights legislation and policies
  • Shaped legal understanding of discrimination and equality

Privacy Rights and Government Powers

• Griswold v. Connecticut (1965) established constitutional right to privacy
  • Led to recognition of privacy rights not explicitly mentioned in Constitution
  • Influenced subsequent cases on personal autonomy and intimate decisions
• Court's interpretation of Establishment Clause and Free Exercise Clause shaped government-religion relationship
  • Impacted religious expression in public spaces
  • Influenced policies on government funding of religious institutions
• Decisions on executive power redefined balance between national security and individual rights
  • Korematsu v. United States (1944) upheld Japanese internment during World War II
  • Hamdi v. Rumsfeld (2004) addressed rights of enemy combatants in War on Terror
  • Shaped understanding of presidential powers during national crises