Best Law Talks

Judicial review is a fundamental principle in U.S. common law courts.  It is this principle that establishes the judiciary’s equality with (some might argue primacy over) the executive and the legislative branches of government.

Judicial review is the principle where the U.S. Supreme Court has the authority to review all law.  Based on judicial review the U.S. Supreme Court can review states’ laws, federal legislation, executive regulations and, depending on your view, Constitutional law. 

Because of precedence in common law, the ruling of Marbury v. Madison (5 U.S. 137, 1803 – syllabus) establishes that the U.S. Supreme Court stands in the role of adjudicator of all other law.  In the court’s opinion, Mr Chief Justice Marshall wrote:

kevin What Is ...? Chief Justice John Marshall, Judicial Restraint, Marbury v. Madison

The Alien Tort Claims Act (ATCA) of 1789 is a statute codified in Title 28 United States Code § 1350.  This 220 year old (as of this writing) piece of legislation, also known as the Alien Tort Statute or ATS, stipulates that

The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

This statement lives within the section of code dealing with the U.S. judiciary’s federal courts.  The “district courts” in the statement refer to the first of three levels of federal courts. 

kevin What Is ...? ATCA, Federal Court, U.S. Code