What is the second case in which the u. S. Supreme court employed the power of judicial review to overthrow a federal law or part of one?.

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08-11-2022
Social Studies

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What is the second case in which the u. S. Supreme court employed the power of judicial review to overthrow a federal law or part of one?.

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dipankarkundu4589 dipankarkundu4589 · Answer 1 · 2022-11-15T00:38:31-05:00

After using its judicial review authority in the Marbury case, the Supreme Court for the next 50 years refrained from overturning any federal laws. In Dred Scott v. Sandford, the court finally did so (1857).

A judge analyses the legality of a public body's decision or action in a court case called judicial review. To put it another way, court reviews focus more on the process of decision-making than the merits or shortcomings of the outcome.

The Supreme Court ruled in Dred Scott v. Sandford (1856; decided 1857) that all Americans of African heritage, whether free or slave, were not citizens of the United States and could not file lawsuits in federal court. The Court further determined that Congress lacked the authority to outlaw slavery in American territories.

Scott v. Sandford, 60 U.S. 393 (1857), unquestionably the most contentious judgement the US Supreme Court has ever made, and also one of the most significant cases in US constitutional history.

It was the first Supreme Court decision to invalidate a federal legislation since Marbury v. Madison, in Cass Sunstein's words.

Since Marbury established judicial review in the context of a jurisdictional refusal, Dred Scott might be considered the first legitimate application of the judicial review power. In addition, it was "one of the first significant cases using the unambiguous term 'purpose of the framers.'

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