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  2. Judicial review in the United States - Wikipedia

    en.wikipedia.org/wiki/Judicial_review_in_the...

    Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.

  3. Case or Controversy Clause - Wikipedia

    en.wikipedia.org/wiki/Case_or_Controversy_Clause

    The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.

  4. Marbury v. Madison - Wikipedia

    en.wikipedia.org/wiki/Marbury_v._Madison

    Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.

  5. Article Three of the United States Constitution - Wikipedia

    en.wikipedia.org/wiki/Article_Three_of_the...

    Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Section 2 states that the ...

  6. Unconstitutional constitutional amendment - Wikipedia

    en.wikipedia.org/wiki/Unconstitutional...

    An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...

  7. Judicial review - Wikipedia

    en.wikipedia.org/wiki/Judicial_review

    Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.

  8. Judicial activism - Wikipedia

    en.wikipedia.org/wiki/Judicial_activism

    Roosevelt defines judicial activism as "an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions."; [9] [10] likewise, the solicitor general under George W. Bush ...

  9. Ideological leanings of United States Supreme Court justices

    en.wikipedia.org/wiki/Ideological_leanings_of...

    In most cases, interpreting the law is relatively clear-cut and the justices decide unanimously; however, in more complicated or controversial cases, the Court is often divided. In modern discourse, the justices of the Court are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation.