Question

uh - oh.
maybe its not that easy to figure out what the constitution is really saying. so how can we know for sure? america has a group of judicial superheroes whose job is to decide exactly what the constitution means. these are the justices on the u.s. supreme court. when theres a dispute over what the constitution really means, the supreme court has the final say.
follow the link and read the definition of judicial review. compare it to this quote from chief justice john marshall, who was on the supreme court from 1801 - 1835.
it is emphatically the province and duty of the judicial department to say what the law is. those who apply the rule to particular cases, must of necessity expound and interpret that rule.

• chief justice john marshall, from marbury v. madison (1803)

ⓒ judicial review
question(s):

• what does judicial review allow the supreme court to do?
• why do you think the supreme court needs to be able to interpret the constitution? (hint: think about how difficult it must be to apply the constitution \to particular cases.\)

Explanation:

Judicial review allows the Supreme Court to determine the constitutionality of laws and actions. The Constitution is a broad framework. When applying it to specific cases (which can be complex and have unique circumstances), interpretation is needed. Different situations may not fit neatly into the Constitution's general language. The Court's role in interpretation ensures consistent and proper application of constitutional principles across diverse cases.

Answer:

• Judicial review allows the Supreme Court to determine if laws or actions are constitutional.
• The Supreme Court needs to interpret the Constitution for "particular cases" because the Constitution is a general document. Specific cases have unique details. Without interpretation, it would be hard to apply the Constitution's broad principles accurately. For example, new technologies or social changes (not envisioned when the Constitution was written) require the Court to interpret how constitutional rights (like freedom of speech) apply in those new contexts.