Grade 5History

The Judicial Branch and Judicial Review

The Judicial Branch and Judicial Review is a Grade 5 civics skill from Pengi Social Studies. Students learn about the role of the Supreme Court and federal courts, and the crucial power of judicial review established in Marbury v. Madison (1803), which allows courts to strike down laws that violate the Constitution.

Key Concepts

The Judicial Branch, led by the Supreme Court , has a special power called Judicial Review .

This allows the Court to look at a law passed by Congress or an action by the President and decide if it follows the Constitution.

If the Court decides a law goes against the Constitution, they can declare it unconstitutional , and the law is cancelled. This is the ultimate check on the other branches.

Common Questions

What is the judicial branch?

The judicial branch consists of the Supreme Court and lower federal courts. It interprets laws and determines whether they are constitutional.

What is judicial review?

Judicial review is the power of the Supreme Court to declare a law unconstitutional and therefore invalid. It was established in the 1803 case Marbury v. Madison.

Who established judicial review?

Chief Justice John Marshall established judicial review in the landmark case Marbury v. Madison (1803).

How does judicial review check the other branches?

Judicial review allows the courts to strike down laws passed by Congress or actions taken by the executive branch that violate the Constitution.

What grade covers the judicial branch and judicial review?

This is a Grade 5 civics topic.