Judicial Review : The Supreme Court

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

Marbury, one of the “midnight judges” of 1801, was named a justice of peace for the District of Columbia, but he soon learned that his commission was being put off by James Madison. So, he sued. Marshall realized that the executive branch, completely controlled by Jeffersonians, could easily reject his ruling for his Federalist friend and lessen the power of the Judicial branch at the same time. He dismissed Marbury’s case, but also said that the basis of Marbury’s argument –the Judiciary Act of 1789 –was unconstitutional, thus establishing the establishing the principle of judiciary review, the principle by which courts can declare acts of either the executive branch or the legislative branch

The concept of Judicial Review is to review cases using the power of the courts over the actions of the executive and legislative branches to deem them invalid or unconstitutional. The Supreme Court has a unique position because of its broad commitment to the American People and its Constitution. The Court's principles on judicial review are that The Constitution is the supreme law of the country, they have ultimate authority on constitutional matters, and they must vote against any law that clashes with the constitution. One of the most significant cases that brought forth such convictions was the case of Marbury vs. Madison in 1803. Which was a case that brought many complications because when Jefferson ordered his Secretary of State James

It was established during the court case of Marbury vs. Madison 1803 when people were denied jobs because their papers weren’t distributed. William Marbury went to directly to the U.S. Supreme Court, stating that according to the Judiciary Act of 1789, he had every right to have that job. It was eventually declared unconstitutional, due to the fact that it tried to enlarge the original jurisdiction of the Supreme Court than what was permitted in the constitution. During that sme court case, the Supreme Court ruled that Congress may not pass any laws that interfere with the constitution and it is the job of the Judicial branch to review those laws and interpret what is stated in the constitution.

Established in 1789, the Supreme Court was created to interpret the meaning of the Constitution and to use that interpretation to declare any actions of the Legislative or Executive Branches unconstitutional. However, the Supreme Court was capable of also acquiring more functions as evidence of the landmark case of Marbury v. Madison (1803). The case dealt with President John Adams appointing sixteen new circuit court justices for the District of Colombia. Adams appointed these justices so that his political party would have more justices than the rival party. Problematically, the appointment letters were not delivered by the end of his term. By that basis, President Thomas Jefferson annulled the appointments because he retained the right to appoint the justices during his time of jurisdiction. Consequently, this aggravated the appointed justice and therefore one of the justices named William Marbury filed a case in the Supreme Court over the commissions that they were promised (Goldstone). The Court ruled that Marbury did have a right to commission and also with it made a statement that enacted the doctrine of Judicial Review. This meant that the court had the "right to review, and possibly nullify, laws and governmental acts that violate the constitution. Judicial Review is a means of assuring that politicians and various other leaders adhere to the constitution and do not use powers granted to them by

The landmark case of "Marbury v Madison" involved William Marbury and James Madison. After his defeat in 1800, then President Adams appointed as many federalist judges to the court system as possible, but the commissions were not delivered. Mr. Marbury was appointed as a Justice of the Peace for the District of Columbia; James Madison tried to use his power as Secretary of State to shelve Mr. Marbury's commission. Mr. Marbury sued in the Supreme Court for the delivery of the commission and based his appeal on the Judiciary Act of 1789. However, Chief Justice Marshall dismissed the suit, explaining that the Judiciary Act of 1789 was unconstitutional because it attempted to assign powers to the Supreme Court that the Constitution had not foreseen. He adamantly asserted his opinion that the Constitution embodied a higher law than regular legislation. Chief Justice Marshall stated that "it is emphatically the province and duty of the judicial department to say what the law is…" His decision greatly increased the authority of the Supreme Court; the Court now had the final say-so in the interpretation of the Constitution and to determine the constitutionality of a law.

Judicial Review is one of the court's most important powers and arguably the most powerful one that this branch or any branch has. This is a power that allows the supreme court to make legislative and executive actions subject to review and possible invalidation. The power of Judicial Review was earned in the Supreme Court Case Marbury v. Madison. In this case it was decided that James Madison’s decisions to prevent William Marbury from taking office as justice of the peace was unconstitutional, this has extended the power and now created what is known as judicial review. This has continued to affect laws and acts presently such as in the case of United States v. Nixon when Nixon was denied the powers of absolute executive privilege due to

Despite Jefferson’s wishes, the Supreme Court under Chief Justice John Marshall, a Federalist and Adams appointee, increased its power during his administration. In Marbury v. Madison (1803), the Marshall Court established the right of the Supreme Court to determine whether an act of Congress violates the Constitution—the power known as “judicial review.” The Marshall Court also soon established the right of the nation’s highest court to determine the constitutionality of state laws.

The court had the power of judicial review. Some of the founders argued for judicial review in the Federalist Papers. Just before President Adams term expired in 1801, Congress passed a bill enabling the president to appoint 42 justices of the peace. William Marbury, one of those who did not receive his commision, filed suit in the Supreme Court. In 1803 ruling, John Marshall said that Marbury’s appointment was legal.

In the landmark case of Marbury v Madison(1803) the US supreme court was granted the first ever judicial review, which meant that the supreme court could make and null and void any laws passed by congress which were unconstitutional. In 1801 when President Jefferson took office, he refused to let his secreteary of state John Madison fulfill the commisons given to judges appoint by his opponent, John Adams. A result of this was appointed justice Willam Marbury petitioned for a writ of mandamus to require Madison to explain why marbury should be denied his judgeship which was had been appointed too. Chief justice marshall ruled that marbury had that right as the US suprmeme court shold protect the rights aof indiciualds eben if this goes against

Not delivering all the commissions on time made Marbury angry and frustrated. This led to legal actions of filing a petition for a writ of mandamus. This meant he was an inferior government official demanding the government official to properly fulfill their official duties. The court declared unanimously that a “certain law passed by congress should not be enforced because the law was opposed to the constitution” and judicial review comes into play. Judicial review is an act of Congress to declare the constitutionality of a Supreme Court case .The basis of the exercise of judicial review meant alot for the United States and how significant it is in history. Marshall provided judges a federal judiciary that could fight equally against the other two branches of government.In Marbury v. Madison (1803) worksheet Chief Justice John Marshall states “ to withhold his commision, therefore is an act deemed by the court not warranted by law, but violate of a vested legal

The Supreme Court of the United States ruled on a major case that will affect millions of Americans in one way or another. This ruling has been decades in the making and was certainly going to be controversial no matter how it turned out. The key issue is whether or not gays and lesbians had the same constitutional right that heterosexual people do in regards to marriage. Not too long ago the concept of this even being considered by the high court would’ve been unfathomable. The 5 to 4 court ruling favoring the plaintiffs has shocked many generations of religious and conservative people.

As a child in this country, along with every other youth in the nation, I had to learn about the three branches of government and how each one operates. According to the Unites States Constitution, Article III states:

The judicial review is the convention concealed by the executive and legislative activities which are liable for the judiciary to look over. Particular courts that have judicial review authority must repeal the demonstrations of the state. This happens when it discovers them inconsistent with a higher power. Judicial review is a case of the detachment of forces in a present day administrative framework. This rule is translated diversely in distinctive wards, so the method and extent of judicial review varies from nation to nation (Loewenstein, 2001, p. 370).

The Executive branch carries out laws. The executive branch is made up of the president, vice president and a cabinet. The president is at the top. The vice president is the presiding officer of the senate. The cabinet members have to be chosen by the president and the same with the senate.