1. Describe judicial review as the power of the judiciary to
decide whether laws and other governmental actions are
constitutional.
2. Recognize that the Constitution does not explicitly
reference the power of judicial review.
3. Explain that the power of judicial review was irst
asserted in Marbury v. Madison and gained legitimacy
over time.
Topic: Judicial Review and the “Guardians of the Constitution”
Learning Objective: LO 2.3: Explain how the use of judicial
review strengthens the courts in a separation of powers system.
Page Reference: 58 – 60
Skill Level: Understand the Concepts
Diiculty Level: Moderate
94. Compare and contrast the originalist and adaptive approaches
to constitutional amendment.
1. Describe the originalist approach as based on the idea
that the Constitution has a ixed meaning that can be
determined through either the text or an examination of
the Framers’ intent, whereas the adaptive approach
understands the Constitution as a lexible document that
is responsive to the needs of diferent times.
2. Note that the originalist approach means that
amendments must be adopted in order to create
constitutional change, while the adaptive approach makes
the Supreme Court more powerful in creating such
change.
3. Detail that both approaches have diiculties: The
originalist approach does not allow for the diferences in
the times of today compared to when the Constitution was
written, but the adaptive approach relies heavily on judges
whose selection is only indirectly democratic and who
have lifetime appointments and could therefore hold too
much power.
Topic: Informal Change: The Unwritten Constitution
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