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Hi. I'm Craig, and this is Crash Course Government and Politics, and today we're going to talk about the most important case the Supreme Court ever decided. No, Stan, not Youngstown Sheet and Tube Company vs. Sawyer. Although, that is one of my favorites. Loves me some sheet and tube. And no, it's not Ex parte Quinn. Although I do love me some inept Nazi spies and submarines. And no, it is not Miller v. California. Get your mind out of the gutter Stan. We could play this game all day, but this episode is about judicial review: the most important power of the Supreme Court and where it came from. Don't look so disappointed. This is cool! [Theme Music] When you think of the Supreme Court, the first thing you think about, other than those comfy robes, is the power to declare laws unconstitutional. The term for this awesome power, the main check that the court has on both the legislative and executive branches, is judicial review. Technically, judicial review is the power of the judiciary to examine and invalidate actions undertaken by the legislative and executive branches of both the federal and state governments. It's not the power to review lower court decisions. That's appellate jurisdiction. Most people think of judicial review as declaring laws unconstitutional, and that definition is okay. The legal purist will quibble with you since judicial review applies to more than just laws. Appellate courts, both state and federal, engage in some form of judicial review, but we're concerned here with the federal courts especially the U.S. Supreme Court. The Court has the power to review the following: One, Congressional laws a.k.a. statutes! Statutes. Since judicial review is a form of appellate activity, it involves upholding or affirming the validity of laws, or denying it, invalidating the law in question. You might think that the Supreme Court does this a lot, but it doesn't, and historically it almost never happened before the twentieth century. If the court were always striking down congressional statutes, it would be hard for people to know which laws to follow, and you'll remember that one of the main things that courts do is create expectations and predictability. For instance, you could predict that I would eventually be punching this eagle! Another reason why they don't invalidate laws often is that if the Court frequently overruled Congress, the Court would seem too political and people would stop trusting its judgment. If the Court has any power at all, it largely stems from its prestige and reputation for being impartial and above politics. No one has any problems with the Supreme Court decisions, at all. Two, the Court can also overturn state actions which include the laws passed by state legislatures and the activities of state executive bureaus, usually the police. The power to review and overturn states comes from the Supremacy Clause in the Constitution. Most of the time that the Supreme Court extends civil rights, it comes out of a...
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