Worked examples
Two examples
Example 1
- Say the definition first. Judicial review is the power of the courts to decide whether a law or a government action goes against the Constitution, and to refuse to enforce it if it does.
- Then ask two questions. Is a court doing it? Yes, a federal court.
- Is the court measuring a law against the Constitution? Yes: it finds that the state law violates the First Amendment.
- Judicial review applies to state and local laws as well as to laws of Congress. So yes. (When a court does this, people say it has “struck down” the law.)
Answer: Yes, this is judicial review.
Example 2
- Remember the story. Marbury asked the Court to order Secretary of State James Madison to deliver his commission, the paper that would give him his office.
- Suppose the Court gave the order. President Jefferson would probably ignore it, and the Court had no army and no money to make him obey. It would look powerless.
- Suppose instead the Court said Marbury had no right to his commission. Then it would look as if it were afraid of the president.
- Either answer seemed to hurt the Court. Chief Justice Marshall found a third way: Marbury had a right to his commission, but the law that let him bring his case straight to the Supreme Court was unconstitutional. The Court gave no order, and claimed the power of judicial review.
Answer: If the Court gave the order, Jefferson would likely ignore it; if it refused, the Court would look afraid of the president.
Where this is taught: Civics, Chapter 5: Judicial review: Marbury v. Madison · Civics, Chapter 5: Marshall’s answer · Civics, Chapter 5: What came after
In your Kaplan book: Unit 3, Chapter 3, Lesson 3: Levels and Branches of Government · Map of the Terrain, topic 18: The courts and judicial review
The drill
Ten questions
Tap your answer to each one. A few questions ask you to choose words from a drop-down instead, the way the GED test does. Then press Check my answers at the bottom.Circle your answer to each one; where there are brackets, circle the choice that fits. The answer key, with the reasoning, is on the last page.