Judicial Review (pp. 1–9)

Judicial Review of Executive Action

Rule: Judicial review is available where officials act as agents of the Preisdent to execute his will under constitutional or legal discretion.

  • Judicial review is unavailable for executive actions that are political or discretionary in nature, such acts are nonjusticiable political questions.
  • Nonjusticiable Political Acts:
    • No judicial review where executive officials act as political or confidential agents of the President.
    • Applies when actions involve constitutional or discretionary authority.
    • These acts are committed (kept within) the executive branch.
  • Justiciable Legal Duties:
    • Judicial review is available where:
      • an executive officer has a specific duty assigned by law, and
      • individual rights depend upon the performance of that duty.
    • Where there is a legal right, there must be a legal remedy for that right.

Judicial Review of Legislative Action

Rule: The judiciary has a duty to interpret the law and determine whether the Acts of Congress are consistent with the Constitution.

  • If a statute conflicts with the Constitution, the Court must declare it unconstitutional and refuse to enforce it.
    • See Marbury v. Madison.
    • The Constitution is the supreme law of the land.
    • Courts must determine whether a statute conflicts with the Constitution.
    • If a conflict exists, then the Constitution controls and the statute is invalid.
    • A written Constitution would be meaningless if Congress could pass laws contrary to it.