The Supreme Court of the United States stands as a pillar of the American legal system, but one of its most defining powers, judicial review, isn’t explicitly written into the Constitution. This crucial ability, allowing the Court to declare actions of the Legislative or Executive branches unconstitutional, fundamentally shapes American governance and the protection of rights. Understanding what judicial review is, how it originated, and why it matters is essential to grasping the Supreme Court’s role in the U.S. system.
The Genesis of Judicial Review: Marbury v. Madison
Judicial review was not a power granted by the Constitution but rather asserted by the Supreme Court itself in the landmark case Marbury v. Madison (1803). This pivotal decision arose from a political conflict, but Chief Justice John Marshall used the case to establish a principle that would forever alter the balance of power in the American government.
At the heart of Marbury v. Madison was a question of legal authority: Was an Act of Congress or the Constitution the supreme law of the land? The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus, court orders compelling government officials to perform their duties. However, the Constitution itself did not grant the Court original jurisdiction in the type of case brought before it in Marbury.
Faced with this conflict, Chief Justice Marshall reasoned that the Constitution, as the supreme law of the land (as stated in Article VI), must take precedence over any conflicting law passed by Congress. Therefore, any act of Congress that contradicts the Constitution is, in effect, null and void. This reasoning established the bedrock principle of judicial review: the Supreme Court has the authority to invalidate laws that violate the Constitution.
Expanding Judicial Review: From Federal to State Laws and Individual Rights
Initially established to review federal laws, judicial review’s scope expanded over time. The Supreme Court asserted its authority to strike down state laws that were found to be in conflict with the Constitution. This expansion became particularly significant after the passage of the Fourteenth Amendment in 1868.
Before the Fourteenth Amendment, the Bill of Rights primarily limited the power of the federal government. However, with the Fourteenth Amendment’s guarantees of due process and equal protection under the law, the Supreme Court began to apply many provisions of the Bill of Rights to the states through a process known as incorporation.
This development significantly broadened the reach of judicial review. The Supreme Court became the ultimate arbiter of whether state laws and actions infringed upon constitutionally protected rights, such as freedom of speech, religion, and the right to due process. This role places the Court at the center of safeguarding individual liberties against potential government overreach at both the federal and state levels.
The Role of Judicial Review in American Governance
Judicial review is more than just the power to strike down laws; it plays a vital role in the structure and function of American government.
Firstly, it acts as a fundamental aspect of the system of checks and balances. By reviewing legislative and executive actions, the Supreme Court ensures that neither of the other branches exceeds their constitutional authority. This prevents any single branch from becoming too powerful and maintains the separation of powers essential to American democracy.
Secondly, judicial review is crucial for protecting fundamental rights and liberties. It empowers the Supreme Court to safeguard individual rights, even against the will of popular majorities. This is particularly important for minority groups who might be vulnerable to discriminatory legislation or actions. By upholding constitutional principles, the Court ensures that the core values of American society, such as freedom and due process, are not eroded by shifting political winds.
In conclusion, judicial review, though not explicitly mentioned in the Constitution, is a cornerstone of American constitutionalism. It is the power of the Supreme Court to interpret the Constitution and ensure that all laws and government actions comply with its dictates. This power, established in Marbury v. Madison and expanded over time, makes the Supreme Court a critical guardian of the Constitution, individual rights, and the balance of power within the U.S. government.
