Judicial Review Essay

848 Words 4 Pages
After the 1800 election where Thomas Jefferson won, President John Adams proceed to fill the judicial branch with members of his own party, the Federalists. In response, Jefferson's party of the Republicans repealed the Judiciary Act of 1800. This act created new position on the bench for Federalist judges. The Supreme Court was threatened with impeachment if they overturned the repeal (Marbury v. Madison,1803).
President Adams attempted to fill these new vacancies prior to the end of his term but some of the commissions were not delivered. When Jefferson was sworn in, he refused to honor these commissions. As a result, one of the appointees, William Marbury, sued the new Secretary of State, James Madison. Marbury asked the Supreme Court
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It set the Court as arbiter and final authority of the Constitution. As a result of this ruling, the Supreme Court became an equal partner in the three branches of the federal government. Thus giving the U.S. government judicial review. Thomas Jefferson stated that considering the judges as arbiters of all constitutional questions is dangerous. Because they are in office for life and not responsible to the elective control (Marbury v. Madison,1803).
On the other side of the Atlantic Ocean, the Dutch have utilized this statement in their debates about judicial review in the Netherlands (Serves, 2009). Their system is rather complicated and confusing system. Their formal laws which are laws of the parliament. The material law is the law from lower bodies like the county. These laws the judges are allowed to check to determine it is in accordance with the Constitution. The judges are not allowed to determine if formal laws are in accordance with the Constitution. Article 94 and 120 in the Constitution forbid it.
The main reason of not having judicial review is it is the responsibility of the legislator to decide of a bill is in accordance with the Constitution. Its maintenance is in the hands of the parliament and government. If there is a dispute with a formal law, the dispute should be settle by a legislator not a judge (Serves, 2009).
Since 2002 Femke Halsema has trying to obtain…