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⚖️ Review of Judicial Re️view ⚖️
Judicial Review is the power of the Supreme Court to decide if a law from another branch of government or lower court is constitutional. This power works to keep all the branches of government equal and balanced.
Click here to see my full article on Judicial Review:
Here are a few examples of how Judicial Review has been used:
🙋♀️ Roe v. Wade (1973)🙋♀️
- Supreme Court ruled that state laws prohibiting abortion are unconstitutional.
- Stated that women's right to privacy to have abortions is protected under the 14th amendment.
- Broadened the Supreme Court's jurisdiction in the eyes of the American people by now covering women's reproductive rights.
- Is in controversy in today's society as well.
❤️ Loving v. Virginia (1967) ❤️
- Ruled that state laws prohibiting interracial marriage was unconstitutional.
- Was based upon the Equal Protection Clause of the Constitution.
💰Citizens United v. Federal Election Commission (2010)💰
- Ruled that laws restricting spending by corporations on federal election advertising is unconstitutional.
- Backed up by the First Amendment.
- Explained that corporate funding of political advertisements in candidate elections cannot be limited.
- Still very controversial ruling today.
🏳️🌈Obergefell v. Hodges (2015) 🏳️🌈
- Ruled that state laws banning same-sex marriage to be unconstitutional.
- Held that the Due Process of Law clause of the 14th Amendment protects the right to marriage.
- Devalued the argument made that the 1st Amendment protects rights of religious organizations, it does not allow states to deny rights to a same-sex couple.
- Still highly controversial today.