History Study Of The U.S. Supreme Court’s Power Of Judicial Review

The U.S. Supreme Court’s power of judicial review is the core of the American judicial review system, which refers to the U.S. Supreme Court judicial review of Congress and the President in compliance with the federal constitution, and the power of the declared unconstitutional act and actions are invalid. The U.S. Supreme Court’s power of judicial review,make judiciary、legislative and administrative mutual supervision and restraint, to realize the separation of powers、 checks and balances, to guarantee citizens’ basic rights and freedoms. But there is no clearly defined in the constitution of the United States about the judicial review power. The federal Supreme Court chief justice John Marshall, establish the power of judicial review of judicial review, in Marbury v. Madison. The U.S. Supreme Court declare "unconstitutional law is not law", and emphasize that the Supreme Court can review congress and the President’s acts,which is constitutional or unconstitutional. The unconstitutional acts are valid. The U.S. Supreme Court’s power of judicial review, laid the foundation of the American judicial review system.This paper take U.S. Supreme Court’s power of judicial review as the research object, using historical analysis and case analysis, to explore the establishment and development of the power of the Supreme Court judicial review, and the role in political and social life.The Supreme Court Court’s power of judicial review, can offer help to our country build the constitution supervision mechanism and provide enlightenment to the judicial reform.The full text is divided into three chapters, the first chapter discusses the federal Supreme Court by Marbury v. Madison preliminary established the power of judicial review,which means that review the congress and the President is in consistent with the constitution, and reveal the essence of the right of judicial review is to restrict government power. The second chapter discusses the federal Supreme Court judicial review power development in practice. The Supreme Court not only used to limit congressional legislation and the exercise of presidential, and the federal Supreme Court using extended the scope of judicial review to review the state legislation and judgements. The Supreme Court by the due process clause of the fourteenth amendment and equal protection clause as the basis of the constitution judicial review, to review the Economic and social legislation、President administrative act and state’s judgements, expand the breadth and depth of judicial review. The third chapter discusses the value of the power of the federal court judicial review and the negative influence of power of judicial review. Power of judicial review is the judicial review system of the core, it realized the separation and balance of power, and protecting the citizens’ rights and freedom. Due to the lack of effective supervision, the Supreme Court may violate and ignore to protect the rights of citizens.By studying the history of the Supreme Court’s power of judicial review,found that the Supreme Court’s power of judicial review is subject to jurisdiction. But its essence is to restrict public power, so the power has the political attribute. The Supreme Court will change himself, to restrict the public power and the protect citizens’ basic rights and freedoms.