Marbury v. Madison
• Est. Judicial Review
• Est. the precedent for the federal
courts to rule on the actions of the
government
• Final authority on the meaning and
interpretation of the constitution.
Judicial Review
• What court case established
Judicial Review?
• How should the courts use it??
– Judicial Restraint vs. Judicial Activism
Judicial Restraint
• Court should avoid taking initiative
on political and social questions.
• Leave policy making to the
legislative branch
Judicial Activism
• Court should play a role in shaping national policies
• Who will speak for the minority if the judicial
branch won’t?
• Warren Court – 1953-1969
– Supreme Court Chief Justice Earl Warren
– Accepted cases concerning controversial social issues
• Brown v. BOE
• Miranda v. Arizona
• After Warren Court = Roe v. Wade.
– This is the court case on the constitutionality of abortion.
– The decision ruled that it IS constitutional within the first trimester.
This illustrates judicial activism.
Composition NB - #7
• Read the handouts on abortion
• Take a stance on the issue. Back up your
opinion using facts and meaningful evidence
that speaks to you on the handouts.
• You are writing a FORMAL writing assignment
that needs to have facts to back up your
opinions.