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Judicial Review Advantages

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Chief Justice Marshall 's ruling in Marbury v. Madison politically advanced and ensured the success of the US Constitution. Judicial Review both helped preserve the Constitution but set the standard for modern day federal court cases around the world. “The key to Marbury’s teaching about the separation of powers to a more fundamental fact: The authority of each branch of that government, and especially that of the Supreme Court, reflects the most basic characteristic” (2 Schotten). Therefore, Marshell giving the Supreme Court the power of Judicial Review further ensured the ideal of separating power through checks and balances. Without this concept Marshall argued, “the legislature may alter the constitution by any ordinary act.” Judicial …show more content…

Madison, has protected the social and economic rights of minorities more than other previous acts. Judicial review single handedly limited the power of Congress and implemented more protection for American citizens. Since the birth of the nation America has been a constant struggle for basic civil rights. Most recently, the gay civil rights act found a victory in the Supreme Court. Obergefell v. Hodges ruled that same-sex marriage is a fundamental right according to the fourteenth amendment of the constitution. Revision of the constitution has gave and protected social rights to people of all sorts of minorities. On the other hand, Judicial review has helped ensure economic freedom, or the ability to control our own resources free from government interference. The Lochner era, 1897 to 1937, of the Supreme Court is generally characterized by decisions striking down legislation or regulations that infringed on economic freedom by the 14th amendment of the constitution (Charles Koch Institution). This era is most famous for using Judicial Review to grant economic freedom. Marbury v. Madison ensured that the American citizens could fight for their economic and social rights under the

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Marbury v Madison 1803 will forever and always be a Supreme Court Case that will live infamously in today’s history. During the election of 1800 against incumbent president John Adams of the Federalist Party versus the Anti-Federalist Party nominee Thomas Jefferson, with Jefferson being the victor. Before Adams were to leave the presidential office, he made what is called “midnight appointments” of new judgeships to counter act the Jeffersonians once in office. John Marshall, who was secretary of state of the time, failed to deliver seventeen commissions, one of which belonged to William Marbury. James Madison, Marshall’s successor, failed to deliver the rest of the appointments at the request of Thomas Jefferson.

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The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

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He argued that, by law, Madison must deliver his notice and that Jefferson must allow him to take his position. In the case of Marbury v. Madison, the U.S. Supreme Court ruled that Marbury had the right to his position but that the court could not force Jefferson or Congress to give it to him. The Supreme Court ruled the Judiciary Act of 1801 unconstitutional. This was

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He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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Next, the Supreme Court case Marbury v. Madison surrounded Jefferson withholding William Marbury's judgeship commission after the governmental shift from the Adams Administration to the Jefferson Administration. This case was ruled in favor of Marbury, and it states, "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule" (Document B). The case was decided using judicial review, which is the ability of the Court to declare a Legislative or Executive

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So Marshall denied the petition and refused to issue the writ. In section 13 of the Judiciary Act of 1789 it notes that writs can indeed be issued, but that particular section of the act was not consistent with the Constitution, making it invalid. I believe that John Marshall implemented this final decision because it was first of all highly appropriate, as well as it more or less was a good solution for both parties. Yes, Marbury deserved to have his commission but the lawsuit was not necessarily an appropriate way to go about receiving it. Marshall knew that if he were going to protect the power of the Supreme Court then he would have to declare the act

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