Judicial Review Essay

1099 Words May 27th, 2013 5 Pages
Judicial Review

The Judicial Branch is one of the three branches of government, established in the United States Constitution. The Judicial Branch is a dual court system consisting of States Courts, and the Federal Courts, each have their specific jurisdiction. The States Courts hear all cases within the State. The Federal Courts only hear cases involving a Federal issue, an appeal from a lower courts decision and cases involving diversity of citizenship. Diversity of citizenship cases involve people from different states, cases that involve a United States Citizen and a foreign government, or cases that have two states against each other. The Federal and States Courts also have specific court districts within their jurisdictions.
The
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The first time the Supreme Court acted on its Judicial Review power against the Executive Branch was in 1804, in the Little V. Barreme, also known as the Flying Fish Case. In this case a Danish Vessel called, The Flying Fish, was captured by Captain Little of the United States Navy after Congress passed the, ”An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof” Act. This Act ordered Naval Commanders to seize any American vessels sailing to the French Ports on the high seas, or any American Vessels suspected of any traffic or commerce with the French and return that vessel to the nearest American Port. The Danish Vessel sued the Captain Little for Trespassing, The District Court ruled that, the vessel be restored to the original owners, but denied damages for the seizure of the vessel. The Danish Vessel appealed their case to the Circuit Court, which overturned the ruling and forced Captain Little to pay damages for the seizure of the Danish Vessel. Captain Little appealed the case to The Supreme Court, where they reviewed the decision of, The Circuit Court of Massachusetts, which had over ruled the decision of The District Court. The Supreme Court decided, The Circuit Court made the right Judgment and their decision was upheld.
John Marshall was the Supreme Court’s Chief Justice in both of these cases. He used the courts Judicial Review Power, in the same…