Challenge to Federal Statute
Justin Jarvis sued after Congress passed a law denying him a judicial commission. The court examined whether the statute violated the Constitution and refused to enforce the law against him.
Also known as: judicial reviews · JR
Written by attorneys · grounded in primary & secondary sources — see below
A court's power to review the actions of other branches or levels of government and to invalidate those actions when they conflict with the Constitution.
Justin Jarvis sued after Congress passed a law denying him a judicial commission. The court examined whether the statute violated the Constitution and refused to enforce the law against him.
Jacqueline Juarez sought Supreme Court review of a constitutional claim after Congress repealed one statutory path to the Court. The Court upheld the repeal but preserved another avenue of review.
Juarez Holdings challenged a city ordinance that blocked development of its terminal. The court reviewed whether the restrictions went too far under the Fifth Amendment and upheld them as reasonable.
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John Jones, the special prosecutor, subpoenaed tapes from the President. The court reviewed the privilege assertion and ordered production because the need for evidence outweighed confidentiality.
Javier Jimenez and a clinic attacked state limits on abortion procedures. The court reviewed the restrictions for undue burdens on the constitutional right and struck down the spousal-notification rule.
Jackson Mutual contested an environmental regulation issued without full comment procedures. The court reviewed the agency's process and upheld the rule because it followed statutory requirements.
Marbury v. Madison held that the Constitution is law and that it is the judiciary's duty to declare what the law is, including the constitutionality of congressional acts.
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Congress may repeal particular avenues of Supreme Court appellate jurisdiction but may not remove every path of federal judicial review for constitutional claims.
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Courts may review a President's assertion of executive privilege when it conflicts with a demonstrated need for evidence in a criminal proceeding.
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Courts review whether a landmark designation or zoning rule effects a taking or violates due process by examining the economic impact and the character of the government action.
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A regulation is invalid if it imposes an undue burden on a woman's right to choose an abortion before viability.
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…the dismissal of a Congressman's libel suit based upon a newspaper article charging him with anti-Semitism in opposing a judicial appointment. He said: "Cases which impose liability for erroneous reports of the political conduct of officials reflect the obsolete doctrine that the governed must not criticize their…