[20211229]LSB10675_宪法分析的模式：导言（上）.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Modes of Constitutional Analysis: An Introduction (Part 1) December 29, 2021 This Legal Sidebar Post is the first in a nine-part series that discusses certain “methods” or “modes” of analysis that the Supreme Court has employed to determine the meaning of a provision within the Constitution. (For additional background on this topic and citations to relevant sources, please see CRS Report R45129, Modes of Constitutional Interpretation.) Early in the United States history, the Supreme Court began exercising the power it is most closely and famously associated withits authority of judicial review. In its 1803 decision in Marbury v. Madison, the Supreme Court asserted and explained the foundations of its power to review the constitutionality of federal governmental action. If a challenged governmental action is unconstitutional, the Court may strike it down, rendering it invalid. When performing the function of judicial review, the Court must necessarily ascertain the meaning of a given constitutional provision before applying its interpretation of the Constitution to the particular gove