The judicial review process (Marbury vs Madison 1803 and Fletcher vs Peck 1810). (Edexcel A-Level Politics): Flashcards

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The judicial review process (Marbury vs Madison 1803 and Fletcher vs Peck 1810).
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Definition of judicial review

Power of courts to examine laws & actions for constitutional alignment

Case that established judicial review (year)

Marbury v. Madison (1803)

Chief Justice in Marbury v. Madison

John Marshall

What Fletcher v. Peck (1810) extended

Judicial review to state laws

Year of Fletcher v. Peck case

1810

What occurs during oral arguments phase

Justices ask questions & clarify points of law

Opinion explaining Court's decision reasoning

Majority opinion

Dobbs v. Jackson year

2022

What did Dobbs v. Jackson (2022) overturn

Roe v. Wade (1973) & abortion rights precedent

Brown v. Board of Education year

1954

What Brown v. Board of Education (1954) ended

Racial segregation in public schools

Case overturned by Brown v. Board

Plessy v. Ferguson (1896)

Argument FOR judicial review: checks on branches

Prevents legislative & executive overreach/abuse of power

Argument FOR: Constitution interpretation evolving

Ensures Constitution remains relevant as society evolves

Argument AGAINST: power source concern

Not explicitly in Constitution; Court established it

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