Judicial Review
Under the doctrine of Judicial Review, courts have the ability to overrule executive/legislative acts of the government that they deem to be contrary to the United States Constitution. This authority not only extends to the acts of Congress and the Federal Executive Branch, but also to certain acts of individual state governments as well.
Review of Federal Action
- It was not until the case Marbury v. Madison (1803), where the United States had a clear answer on who specifically had the authority to decide what laws were contrary to the language of the Constitution of the United States.
- "[Marbury v. Madison] declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our Constitutional system." Cooper v. Aaron (1958).
Review of Federal Executive Action
- Although the President has an executive privilege of confidentiality, it is within the Judicial Branch's authority to determine the scope and extent of the privilege being raised. United States v. Nixon.
Review of State Action
- The doctrine of Judicial Review is not solely limited to federal actions, but also extends to state actions as well.
- During the early history of the United States, the United States Supreme Court in Fletcher v. Peck (1810) struck down a state statute as unconstitutional due to its violation of the Contract Clause contained within Article I, Section 10 of the Constitution.
- In the case Martin v. Hunter's Lessee (1816), the United States Supreme Court enforced the power of the Supremacy Clause contained within Article VI of the Constitution, stating that it has the authority to review state court decisions that involve the interpretation of federal law or the United States Constitution itself. In its decision, the United States Supreme Court justified this power based on the need for a uniform interpretation of federal law across each and every state in the Union.
