The United States Supreme Court and Judicial Review

The United States Constitution establishes three branches of government. The Executive Branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws.

Role of the Judiciary

The judicial power of the United States extends to all cases or controversies arising under the United States Constitution. The role of the judiciary is to interpret what the law is and to apply it to cases or controversies before the courts. Implicit within the power to interpret is the power to decide whether a law conflicts with the Constitution.

Judicial Review of Constitutional Issues

In the landmark 1803 case of Marbury v. Madison, the United States Supreme Court held that judicial review of constitutional issues was required by the Constitution itself. The Court held that all three branches of the government were bound by the Constitution and that the framers of the Constitution intended the Constitution to be the supreme law of the land. Only those laws that followed the Constitution were valid. A law that was repugnant to the Constitution was void, according to the Court, and the Court had a responsibility to overturn unconstitutional legislation. While the Court's ruling was significant, it was not necessarily radical. Before the Marbury case, states courts had overturned laws that conflicted with state constitutions. Also, the Supreme Court's authority remained limited to actual cases or controversies. The Court will not give advisory opinion.

Effect of Supreme Court's Ruling on Constitutional Issues

When the Supreme Court interprets a law, Congress can pass a new law that has the effect of changing the Court's decision. However, the Supreme Court's ruling on a constitutional issue is final. Its decision can only be changed by constitutional amendment (a procedure that is rarely used) or by a new decision of the Supreme Court.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.