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What is judicial review?
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Start with a question
Courts can strike down laws that violate the Constitution.
In brief
Judicial review lets courts interpret the Constitution and invalidate laws or actions that conflict with it.
Why this matters
Although not named explicitly, judicial review stems from Marbury v. Madison and the structure of the Constitution. It ensures the Constitution stays the supreme law. Courts use it carefully, balancing respect for elected branches with protecting rights.
A simple example
A court blocks a law that limits student speech too broadly, citing the First Amendment.
Questions to think about
- Why should unelected judges have this power?
- What keeps judicial review from being abused?
- How does it protect minority rights?
Try this
Read a short summary of a court case and decide whether the law should stand. Compare with the real outcome.
One thing to take away
Explain judicial review in one sentence.
Story bridge
Story bridge
In the book, a rule is checked against a promise the team made. How is that like reviewing a law against the Constitution?
Keep exploring
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