what is “judicial review”? how might the history of America be different without it?
"Judicial review" refers to the power of the courts to review the constitutionality of laws, executive orders, and actions by other branches of government. It allows the judiciary to interpret and invalidate any legislation or government action that is found to be inconsistent with the constitution.
If the history of America did not have judicial review, several aspects might be different:
1. Limited Protection of Individual Rights: Without judicial review, there would be no systematic mechanism to ensure the protection of individual rights guaranteed by the Constitution. The judiciary acts as a safeguard against potential encroachments on civil liberties, providing a check on the power of the government.
2. Weaker Separation of Powers: The absence of judicial review would weaken the checks and balances among the three branches of government. The courts play a crucial role in keeping the executive and legislative branches in check, particularly when they exceed their constitutional authority.
3. Legislative Supremacy: Without judicial review, the legislative branch would have the final say on all matters of law, potentially leading to abuse of power. This could result in laws that violate individual rights or infringe upon the principles of the Constitution, with little recourse for citizens.
4. Unequal Application of the Constitution: Judicial review helps ensure a consistent interpretation and application of the Constitution throughout the country. In the absence of judicial review, there might be inconsistencies in how the law is applied, leading to potential inequalities from state to state.
5. Constitutional Evolution: Judicial review has played a crucial role in the interpretation and development of the Constitution over time. Without it, the Constitution would be less adaptable to changing societal needs and values, potentially causing stagnation in legal principles.
Overall, the history of America would likely be significantly different without judicial review, with potential consequences in terms of individual rights, separation of powers, legislative supremacy, equal application of the law, and constitutional evolution.