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Some would say that without judicial review the legislature would become tyrannical, although the British Parliament is an excellent counter-example to this argument.
The course of events that lead to the Civil War would have certainly been different. The pro-slavery Taney Court declared in the Dred Scott decision that Federal Laws limiting slavery in the territories were unconstitutional. They used the then-novel notion of "substantive due process", essentially declaring that the law was so icky, it must be unconstitutional, even though they couldn't show anyone just how.
A more principled Court could have decided the case with whichever outcome they preferred. They could have either said that Scott was free on the principle of "once free, always free" or declared that he voluntarily re-entered slavery when without compulsion he moved from Wisconsin to Missouri. But, no, they had to go for the home run by declaring that everybody was messed up, and only they were smart enough to recognize that the fifth amendment really controlled the whole issue.
By saying that the people didn't have the power to decide through normal democratic processes what the law should be so inflamed anti-slavery sections of the country that they were just looking for a fight, and in 1861 when South Carolina gave them an excuse, they went for it with both feet.
What else can I help you with?
Which person is most associated with the term judicial review in U.S. history?
Many of the delegates who helped write into law, The Constitution of the United States, were responsible for the concept of judicial review. The first case to test the validity of this process was Marbury vs. Madison in 1789.
What federalist essay did Alexander Hamilton argue in support of judicial review?
In Federalist Paper no. 78, Hamilton argues in support of judicial review.
Chief justice john marshall believed in judicial review wich is?
A judicial review is a judicial body empowered to annul lower courts rulings if they conflict with the constitution. A judicial review, for instance, might rule that a state can not decree that everyone with blue eyes be imprisoned because this conflicts with federally granted rights.
Which article of the constitution grants the Supreme Court the power of judicial review?
The power of judicial review is granted to the Supreme Court by Article III of the United States Constitution.
Which landmark case established judicial review in the United States legal system?
Marbury v. Madison established judicial review in the United States legal system.
When the supreme court declares a law as unconstitutional we have an example of what?
judicial review
One expert has said that this is like a boxers big knockout punch?
I do not know who said that but if you are wondering what it refers to, that would be a judicial review.
Could we have a workable system of government without judicial review?
Workable--yes. There have been many systems of government around the world that did not have judicial review.Fair--no. Without judicial review, someone in another branch of government gets to be the final arbiter of disputes about the meanings of laws. And those people are usually the ones who also have the guns
What power can declare unconstitutional acts of government?
That power is the power of judicial review.
What is the power of the courts to declare laws invalid if they violate the Constitution?
Judicial Review
The power of the courts to decide the constitutionality of an act of government is called?
Judicial review... which was given binding authority by Maybury v Madison in 1803
What is one power of the judicial branch?
judicial review
The Supreme Court evaluation of the constitutionality of laws passed by Congress or state legislatures is known as?
A judicial review allows the Supreme Court to annul any acts of the state that is deemed to be unconstitutional. This decision was made during the Marbury v. Madison case which stated that they have the right to review the acts of Congress to determine its constitutionality.
What power does judicial review give to the judicial branch?
no the power of judicial review is not mentioned in the constitution. because Judicial Review was used in 13th century law but the courts didn't agree with it so it was forgotten. until the case of Marbury v. Madison that is when Judicial Review came back to the power of the Supreme Court.
Who is responsible for conducting judicial review?
The responsibility for conducting judicial review lies with the judiciary branch of government.
What is constitutional review?
"Constitution review" most likely refers to the courts' power of judicial review. For more information about judicial review, see Related Questions, below.
The principle established by chief justice marshall in a famous case that the supreme court can declare laws unconstitutional?
Judicial Review
