The Supreme Court And Chief Justice

1670 Words Oct 20th, 2015 7 Pages
1. How did the Supreme Court and Chief Justice John Marshall establish the principle of “judicial review?” Explain the doctrine and its genesis and discuss two major Supreme Court cases since 2000 that have reinforced judicial authority over the States using this principle.
In 1803, Marbury v. Madison established a concept known as “judicial review”. Supreme Court Chief Justice John Marshall stated “the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void....It is emphatically the province and duty of the judicial department to say what the law is” (text at pages 72-73). Marshall gave the courts the right to overturn cases against the legislative or executive branches, known as judicial review, giving immense power to the judicial branch.
Marbury arose out of partisan politics. John Adams, a Federalist, lost the presidential election to Thomas Jefferson, a Republican. The Federalist Congress scrambled to pass the Organic Act authorizing President Adams to appoint forty-two justices of the peace. In the mayhem of Adam’s last days in office, John Marshall, Secretary of State, neglected to deliver the commissions. William Marbury and three others, who were denied their commissions, asked the Supreme Court to order James Madison, the new Secretary of State, to deliver the commissions (text pages 69-73). In a clever decision, Chief Justice Marshall appeased President Thomas Jefferson by ruling against Marbury,…
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