The Judiciary: The Foundations of American Law

Marbury v. Madison

Federal courts have assumed the power of judicial review, the right to determine the constitutional legality of state and federal laws, congressional and presidential acts, and lower-court rulings. Likewise, each state court has assumed the power to determine the legality of legislative and gubernatorial decisions within its own borders.

The power of judicial review is not codified in the Constitution, however. Many state supreme courts had already assumed this power by the time the Constitution was ratified in 1789, and Chief Justice John Marshall set a precedent for federal judicial review in the 1803 case Marbury v. Madison. Federal courts use their power of judicial review sparingly, primarily because they have no means of enforcing their decisions. Nevertheless, judicial review is the most significant power of the judiciary branch.

Statutes

Statutes are laws passed by Congress and states legislatures. Congress passed an unprecedented number of statutes in the twentieth century, covering such issues as environmental regulation, criminal law, and contracts. State governments can also pass statues according to the rules of their own constitutions. Some government agencies can issue administrative regulations, which have the force of law.

Types of Law

American courts handle three types of law:

1. Criminal law: Forbids people from acting in certain ways. In criminal cases, a government prosecutor brings charges against a defendant. The outcome is either acquittal or punishment.

2. Civil law: Governs how people relate to one another. It can involve disputes about contracts, suits over responsibility for injury, and the like. Both parties in a civil suit are private citizens; the government does not bring civil charges against people.

3. Constitutional law: Covers the fundamentals of the political system, including cases that test the constitutionality of a law or government action.