Judicial Review : The Supreme Court

867 Words Oct 6th, 2015 4 Pages
Judicial Review is the act of which gives the Supreme Court the power to determine what the constitution means. It gives the supreme court the power to evaluate the decisions of the congress and overturn them if needed. Judicial review was emphasized for the first time in the well-known case of Marbury vs. Madison. In this case, in the year 1803, William Marbury was appointed as the Justice of the Peace in the district of Columbia by president John Adams; however the secretary of the state, John Marshal failed to deliver this commission in time before the end of John Adam’s term; the new secretary of state James Madison refused to deliver the commission. Marbury reacted by suing James Madison in the supreme court, requesting a writ of mandamus. The Supreme Court found that while Madison should have delivered the commission to Marbury; their court was in no place to provide the writ of mandamus as this should be appointed in a different court, according to Article 3 of section 13 of the Judiciary act in the constitution of 1789 “The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” This case was implied under the “in all other cases” which meant that Marbury should have gone to the district court instead of directly going to the Supreme Court. While in this case, the supreme court…
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