The Doctrine of Judicial Review
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Congress has ‘‘preempted the field.’’ As is often the case, especially in the
matter of commerce, Federal statutes do not always specify whether all
State and local regulations are suspended. The Court has adopted the
rule of interpretation that in those instances where, in the opinion of the
judges, the ‘‘scheme of Federal regulation is so pervasive as to reasonably
infer that Congress has left no room for the States,’’ or where the interest
of the national government is ‘‘so dominant that it precludes State action,’’ then the State law will be nullified even though it does not conflict
with the Constitution or a Federal law.
Judicial review is thus an important power of the Supreme Court that
comes in many forms. Basically, however, there are four types. The first
is the power of the Supreme Court to declare acts of Congress unconstitutional. The second type is the power of the Court to declare invalid any
State constitutional provision, State law, or other State action that infringes on the constitutional authority of the national government. A
third type is the closely related power of the Court to overturn cases decided in State supreme courts where the validity of a Federal law or
treaty was que