Key term
AQA A-Level Politics 7152
The Nature and Sources of the British Constitution
The Structure and Role of Parliament
The Prime Minister and Cabinet
The UK Judiciary
Devolution
Democracy and Participation
Topic overviewDemocracy, Legitimacy and Direct DemocracyDirect and Representative Democracy ComparedThe Reform Acts of 1832 to 1884 and the ChartistsSuffragists and SuffragettesWho Can Vote Today, and Votes at 16Forms of Political ParticipationTurnout, Apathy and Proposals for ReformPartisan and Class Dealignment
Elections and Referendums
Topic overviewMajoritarian and Proportional SystemsThe Additional Member System, STV and Other SystemsThe 1945 and 1979 General ElectionsThe 1997 and 2010 General ElectionsModels of Voting BehaviourLeadership, Manifestos, Campaigns and the MediaThe Nature and Use of ReferendumsRegulating Referendums, and the Case For and Against
Political Parties in the UK
Pressure Groups in the UK
The UK and the European Union
The Constitutional Framework of US Government
Congress
The US Presidency
The US Supreme Court
US Elections and Direct Democracy
Topic overviewCongressional Elections and Electoral College VotesThe Electoral CollegeThe Invisible Primary, Primaries and CaucusesSuper Tuesday, Momentum and DelegatesWhat Decides a US ElectionCampaign Finance RegulationParty Coalitions and Voting BehaviourRealignment, Dealignment, Split-Ticket Voting and TurnoutDirect Democracy at State Level
Political Parties in the USA
Pressure Groups in the USA
Civil Rights in the USA
Comparative Politics: Theoretical Approaches
Constitutions and Legislatures Compared
The Executives Compared
The Judiciaries Compared
Electoral and Party Systems Compared
Pressure Groups Compared
Civil Rights Compared
Liberalism
Conservatism
Socialism
NationalismIdeology
FeminismIdeology
MulticulturalismIdeology
AnarchismIdeology
The US Supreme Court
Judicial Review and Guardian of the Constitution
- 4 things to know
- Paper 2
Overview
Recall questions on judicial review and Marbury v Madison, the Court as guardian of the Constitution and of rights, judicial activism and restraint, strict and loose constructionism, originalism and overturning precedent.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Define judicial activism.
Key term
Distinguish constructionism from activism and restraint.
Process
How did judicial review come to cover state law, and what does judicial activism describe?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is judicial review?
Model answer
It is the power of the courts to declare acts of Congress, state law or executive action unconstitutional and therefore void.
- 2
Where does judicial review come from, given that the Constitution does not mention it?
Model answer
The Supreme Court asserted it for itself in Marbury v Madison in 1803.
- 3
Which 1803 ruling established the power of judicial review over federal law?
Model answer
Marbury v Madison, in which the Court held that it could strike down an Act of Congress that conflicted with the Constitution.
- 4
How did the power of judicial review come to apply to state laws?
Model answer
The Court extended the principle in the early nineteenth century, holding that state legislation contrary to the Constitution was equally void.
- 5
Explain what is meant by the Court as guardian of the Constitution.
Model answer
It is the final interpreter of the Constitution's meaning, and can void any law or action by either level of government that breaches it.
- 6
Explain the Court's role as protector of citizens' rights.
Model answer
It enforces the Bill of Rights and later amendments against government, and has extended those protections to cover state as well as federal action.
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