5 Key Facts About Judicial Review Apush Definition

Judicial review is a crucial aspect of the American legal system, playing a significant role in shaping the country's history, politics, and society. In the context of Advanced Placement United States History (APUSH), judicial review is an essential concept that students need to grasp. Here are five key facts about judicial review APUSH definition that will help you understand this vital topic.

What is Judicial Review?

Judicial review refers to the power of the judiciary to review and interpret laws, government actions, and policies to determine their constitutionality. This power is not explicitly mentioned in the United States Constitution but was established through a landmark Supreme Court case, Marbury v. Madison (1803). In this case, Chief Justice John Marshall argued that the Supreme Court had the authority to declare laws and government actions unconstitutional, thereby establishing the principle of judicial review.

Key Aspects of Judicial Review

Judicial review is not limited to federal laws and government actions. It also extends to state laws and actions, ensuring that they align with the Constitution and federal laws. The judiciary's power to review and interpret laws has significant implications for the separation of powers, federalism, and individual rights.

Origins of Judicial Review

The concept of judicial review has its roots in the colonial era, where judges and magistrates would often review and interpret laws to ensure they aligned with British common law and the colonies' charters. However, the modern concept of judicial review as we know it today was established through the Marbury v. Madison case.

Marbury v. Madison: A Landmark Case

Marbury v. Madison was a dispute between William Marbury, who was appointed as a justice of the peace by President John Adams, and James Madison, who was the Secretary of State under President Thomas Jefferson. Marbury's appointment was not delivered before the end of Adams' term, and Jefferson's administration refused to recognize it. The Supreme Court, led by Chief Justice Marshall, ultimately decided that the Judiciary Act of 1789, which gave the Supreme Court the power to issue writs of mandamus, was unconstitutional.

Impact of Judicial Review on American History

Judicial review has had a profound impact on American history, shaping the country's politics, society, and laws. Some notable examples include:

• Brown v. Board of Education (1954): The Supreme Court declared segregation in public schools unconstitutional, leading to the Civil Rights Movement and significant social change.
• Roe v. Wade (1973): The Supreme Court ruled that a woman's right to an abortion was protected by the Constitution, sparking ongoing debates about reproductive rights.
• United States v. Nixon (1974): The Supreme Court ordered President Richard Nixon to turn over tapes related to the Watergate scandal, establishing the principle that the president is not above the law.

Critiques and Controversies Surrounding Judicial Review

While judicial review has played a crucial role in shaping American history, it has also faced criticisms and controversies. Some argue that the judiciary has overstepped its bounds, legislating from the bench and imposing its will on the other branches of government. Others argue that judicial review has been used to protect the rights of marginalized groups and ensure that the Constitution is upheld.

Conclusion

In conclusion, judicial review is a vital aspect of the American legal system, allowing the judiciary to review and interpret laws, government actions, and policies to ensure their constitutionality. Understanding the concept of judicial review is essential for APUSH students, as it has played a significant role in shaping the country's history, politics, and society. By grasping the key facts about judicial review, students can better appreciate the complexities of the American system of government and the ongoing debates surrounding the role of the judiciary.

Final Thoughts

Judicial review remains a contentious issue, with ongoing debates about its scope, limitations, and implications. As APUSH students, it is essential to approach this topic with a critical and nuanced perspective, recognizing both the benefits and drawbacks of judicial review. By doing so, you can develop a deeper understanding of the American system of government and its complexities.