Judicial review and the courts' role
Courts protect the Constitution and individual rights, and their most important power is not stated in the Constitution at all.
Marbury v. Madison
In Marbury v. Madison (1803), Chief Justice John Marshall ruled that part of a law passed by Congress conflicted with the Constitution and was therefore void. This established judicial review: the power of courts to strike down laws and government actions that violate the Constitution. It made the judiciary a co-equal branch.
The least dangerous branch?
Alexander Hamilton wrote in Federalist No. 78 that the judiciary would be the 'least dangerous' branch because it has neither the sword (military) nor the purse (money). Courts depend on other branches and on public respect to enforce their rulings.
Guardians of rights
Courts protect individual rights, especially for minorities who may lose in majority votes. Landmark rulings on segregation, free speech, and the rights of the accused show how courts can drive major change. Critics warn that unelected judges should not make policy that belongs to elected branches.
Flashcard
Courts' power to strike down unconstitutional laws
Check your understanding
Which case established the power of judicial review?