10.2 Landmark Cases in Judicial Review

Judicial review, a cornerstone of American constitutional law, has shaped the nation's legal landscape. From Marbury v. Madison to Citizens United, landmark cases have defined the Supreme Court's power to interpret the Constitution and strike down laws.

These rulings have tackled pivotal issues like slavery, civil rights, and presidential authority. They've expanded federal power, overturned segregation, and sparked debates on reproductive rights and campaign finance, illustrating the Court's profound impact on American society.

Foundational Cases in Judicial Review

Establishing Judicial Review and Federal Power

Top images from around the web for Establishing Judicial Review and Federal Power

• 

  Supreme Court of the United States - Wikipedia View original

  Is this image relevant?

• 

  Federalism Today | Boundless Political Science View original

  Is this image relevant?

• 

  McCulloch v. Maryland - Wikipedia View original

  Is this image relevant?

• 

  Supreme Court of the United States - Wikipedia View original

  Is this image relevant?

• 

  Federalism Today | Boundless Political Science View original

  Is this image relevant?

1 of 3

Top images from around the web for Establishing Judicial Review and Federal Power

• 

  Supreme Court of the United States - Wikipedia View original

  Is this image relevant?

• 

  Federalism Today | Boundless Political Science View original

  Is this image relevant?

• 

  McCulloch v. Maryland - Wikipedia View original

  Is this image relevant?

• 

  Supreme Court of the United States - Wikipedia View original

  Is this image relevant?

• 

  Federalism Today | Boundless Political Science View original

  Is this image relevant?

1 of 3

• Marbury v. Madison (1803) established the principle of judicial review
  • Supreme Court asserted its authority to review acts of Congress
  • Declared Judiciary Act of 1789 unconstitutional
  • Chief Justice John Marshall's landmark decision expanded Court's power
  • Set precedent for Court to interpret Constitution and strike down laws
• McCulloch v. Maryland (1819) affirmed federal supremacy over states
  • Upheld constitutionality of national bank
  • Established broad interpretation of Necessary and Proper Clause
  • Limited state power to tax federal institutions
  • Strengthened federal government's implied powers

Controversial Rulings on Slavery and Segregation

• Dred Scott v. Sandford (1857) denied citizenship to African Americans
  • Ruled enslaved people were not citizens and had no standing in federal court
  • Declared Missouri Compromise unconstitutional
  • Intensified sectional tensions leading to Civil War
  • Widely regarded as one of the worst Supreme Court decisions in history
• Plessy v. Ferguson (1896) upheld racial segregation
  • Established "separate but equal" doctrine
  • Validated Jim Crow laws in Southern states
  • Legalized racial discrimination for nearly six decades
  • Overturned by Brown v. Board of Education in 1954

Civil Rights and Liberties

Landmark Decisions on Equality and Personal Freedom

• Brown v. Board of Education (1954) overturned racial segregation in schools
  • Unanimously ruled "separate educational facilities are inherently unequal"
  • Overturned Plessy v. Ferguson's "separate but equal" doctrine
  • Catalyzed Civil Rights Movement
  • Led to desegregation of public facilities beyond education
• Roe v. Wade (1973) established constitutional right to abortion
  • Ruled right to privacy under 14th Amendment extended to a woman's decision to have an abortion
  • Created trimester framework for regulating abortion
  • Sparked ongoing debates about reproductive rights and judicial activism
  • Overturned by Dobbs v. Jackson Women's Health Organization in 2022

Executive Power and Elections

Presidential Authority and Government Transparency

• United States v. Nixon (1974) limited executive privilege
  • Ordered President Nixon to release Watergate tapes
  • Established limits on presidential claims of executive privilege
  • Affirmed judicial branch's role in checking executive power
  • Led to Nixon's resignation and impacted future claims of executive privilege

Controversial Electoral and Campaign Finance Rulings

• Bush v. Gore (2000) decided presidential election outcome
  • Halted Florida recount in 2000 presidential election
  • Effectively decided election in favor of George W. Bush
  • Raised questions about Court's role in electoral process
  • Highlighted issues with Electoral College system
• Citizens United v. FEC (2010) expanded corporate political spending
  • Struck down restrictions on corporate and union election spending
  • Ruled political spending constitutes protected speech under First Amendment
  • Allowed unlimited independent expenditures by corporations and unions
  • Sparked debates about campaign finance reform and corporate influence in politics