The article discusses the importance of judicial review, the Supreme Court's power to declare laws unconstitutional, highlighting key cases like Youngstown Sheet & Tubing Company v. Sawyer and Shelby County v. Holder. It criticizes recent statements by Vice President JD Vance and Senator Tom Cotton suggesting that the executive branch should disregard court orders they disagree with, arguing that such disregard undermines the core principles of the US constitutional system.
In 1803, when our constitutional democracy was still young, the Supreme Court established the principle of judicial review in Marbury v. Madison. That case forms the basis for judicial review, the court’s power to declare laws unconstitutional. The justices can, and every term do, review and strike down laws, executive actions and administrative actions that violate the Constitution.
On Sunday morning Vance posted: “Judges aren’t allowed to control the executive’s legitimate power.” It’s hard to view that objectively inaccurate statement as anything other than an argument that the laws that apply to everyone else don’t apply to Trump. Trump has already benefited personally from special immunity rules that prevented him from being prosecuted for official presidential acts.
Law JUDICIAL REVIEW CONSTITUTION SUPREME COURT EXECUTIVE POWER DEMOCRACY
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