Judicial review — Social Studies definition
Court assessment of whether a challenged governmental act conflicts with the Constitution.
Where it is taught
- The Early Republic: Finance, Parties & National Authority — Early Republic, Markets & Migration, U.S. & New York History: Indigenous Nations to Reconstruction, Grade 7
- The Early Republic: Parties, Finance, Courts & Foreign Relations — Colonial Foundations & Constitutional Government, United States History & Government: Colonial Foundations to the Early 21st Century, Grade 11
In use
Madison in 1803 articulated judicial review while denying the requested remedy through the Court’s original jurisdiction.
The Early Republic: Parties, Finance, Courts & Foreign Relations
Questions using judicial review
Problem 1
How could a decision articulate judicial review while denying Marbury the requested order?
Answer and explanation
The Court explained the distinction between a claimed right, a remedy, and its jurisdiction to issue that remedy. It treated the conflicting statutory provision as unconstitutional and denied the requested order on jurisdictional grounds. Judicial review therefore did not mean granting Marbury everything he sought.