Constitutional Law Lecture Three: The Role of the Supreme Court and Judicial Review (Part 3 of 3) (Part 2)

Law School

This lecture explores the role of the Supreme Court in the U.S. constitutional system, focusing primarily on the concept of judicial review, which allows the Court to invalidate laws and actions that conflict with the Constitution. It traces the development of this power, notably through the landmark case Marbury v. Madison, and discusses the limitations on the Court's authority, such as case or controversy jurisdiction and specific doctrines like standing and ripeness. The lecture also examines various methods of constitutional interpretation, including originalism and living constitutionalism, highlights key Supreme Court decisions, and analyzes the Court's relationship with other branches of government. Finally, it touches upon ongoing debates surrounding the judiciary, such as judicial activism versus restraint and the politicization of appointments, and mentions some proposed reforms.

This conversation provides a comprehensive overview of judicial review in the U.S., emphasizing its foundational role in constitutional law. It explores the historical context, landmark cases, and the interplay between the Supreme Court and other branches of government. The discussion also delves into ongoing debates about the court's role, including judicial activism versus restraint, and potential reforms to the judicial system.

Takeaways

Judicial review is the authority of the courts to examine the constitutionality of legislative acts and executive actions and to invalidate them if they conflict with the Constitution. This power maintains the Constitution's supremacy.

In Marbury versus Madison, Chief Justice John Marshall declared that it is the duty of the judicial department to interpret the law, and when a law conflicts with the Constitution, the courts must uphold the Constitution as the superior law.

Case or controversy jurisdiction requires the Supreme Court to only decide actual disputes between adverse parties. It prevents the Court from issuing advisory opinions or ruling on hypothetical questions.

The standing doctrine requires that a party bringing a case have a concrete, particularized injury directly caused by the defendant's conduct and redressable by the court. It prevents courts from hearing generalized grievances.

Originalism focuses on interpreting the Constitution according to its original public meaning at the time it was adopted. Proponents believe this constrains judicial discretion and preserves the text's fixed meaning.

Living constitutionalism views the Constitution as a dynamic document that evolves to reflect changing societal values and conditions, ensuring it remains relevant to modern challenges. Originalism, in contrast, emphasizes historical meaning.

Martin versus Hunter's Lessee established the Supreme Court's appellate authority over state court decisions involving federal law, ensuring uniform interpretation of federal law across the states.

Cooper versus Aaron declared that state officials are bound by the Supreme Court's constitutional interpretations and cannot defy its decisions, underscoring the supremacy of federal constitutional law.

United States versus Nixon affirmed that the judiciary has the authority to resolve constitutional disputes involving the executive branch and ordered President Nixon to comply with a subpoena, demonstrating that no one, including the President, is above the law.

The Supreme Court lacks the power of the purse or sword and relies on the political branches and the public to comply with its rulings. Public acceptance and institutional legitimacy are crucial for its effectiveness and ability to enforce its decisions.

Understanding the Supreme Court and judicial review is essential for constitutional law.

Judicial review allows courts to strike down laws that conflict with the Constitution.

Marbury v. Madison established the principle of judicial review.

The power of judicial review is not explicitly stated in the Constitution.

Federal courts can only hear actual cases or