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Judicial Review Pros And Cons

814 Words4 Pages

Judicial review, the authority to declare laws unconstitutional, is one of the most significant and influential powers of the Supreme Court. It is an implied concept as it is not mentioned in the constitution itself. Despite the fact that it is often accepted, there is still great controversy on the overall idea of judicial review. Nevertheless, the practice has ensured that the government does not violate the constitution nor overstep in any way. Judicial review played an essential role in United States history and continues to shape our system of government today. The American government has always been evolving as new ideas arise. Judicial review was established in 1803 through the case of Marbury v. Madison. Prior to leaving office, President John Adams had filled judicial positions with federalist judges. William Marbury was appointed as justice of the peace for the District of Columbia. However, “[President] Jefferson was sworn in before Marbury took office, and James Madison, the new secretary of state, withheld Marbury's appointment. Marbury asked the Supreme Court, under Section 13 of the Judiciary Act of …show more content…

Before its establishment, the judicial branch did not possess a fair amount of power in comparison to the other two branches. The system of judicial review is crucial in the U.S. government; it provides citizens with a political source of protection.
Due to this authority, the Supreme Court is able to guarantee that “…each branch of government recognizes the limits of its own power... [The court also] protects civil rights and liberties by striking down laws that violate the Constitution.” Moreover, the judicial branch prevents popular majorities from passing laws that take advantage of other citizens. Judicial review has made a positive effect on the balance of powers, society, and the American system of government in

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