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Judicial Review: The Marbury V. Madison In 1803

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The Judicial Review is an audit of the legal decision making by public bodies. The role of the court is not to change the decision being made, or to inquire about the benefits of the decisions, but to merely conduct a review on how the decision was reached and whether it was flawed or should be revoked. Judicial review is needed if any decision is illegal, irrational, procedurally improper, or in breach of legitimate expectation (Masons, 2013). There are many land mark decisions made by the Supreme Court throughout history.
The Marbury v. Madison in 1803 was a stepping stone for the Supreme Court. The Judiciary Act initiated by Congress allowed the Supreme Court to issue certain judicial writs. When President Jefferson took office, he ordered his Secretary of State James Madison not to deliver the commissions. One of the appointees William Marbury, then petitioned the Supreme Court for a writ. As a result of Marshall’s decision to follow orders, Marbury was denied the commission. The Chief of Justice at the time, ruled that the Court could not grant the writ because the Judiciary Act of 1789 Section 13 (Rosen, 2006). This granted it the right to do so, was unconstitutional as it extended to cases of original jurisdiction. But the Constitution did not allow the Court to have such …show more content…

Maryland case of 1819, Maryland criticized the federal government’s ability to approve charters without accurate constitutional sanction and placed a tax on the Bank of the United States (Foner & Garraty, 1991). McCulloch made the claim that Maryland’s tax infringed constitutional sovereignty because it acted as a levy opposing the people in the United States by the state only being accountable for some of the people (McBride, 2006). When taken to trial the Supreme Court concluded that the tax unconstitutionally intervened with federal supremacy. This decision impacted the Supreme Court by allowing the Constitution to give the federal government certain implied

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The signifigance or Marbury vs. Madison is the ruling gave of the Supreme Court of the U.S.A the power of Judicial review and also gave courts some power to try and take down legislation that was unconstitutional. In Marbury the Supreme Court declared a law passed by the government was unconstitutional and should be not be enforced called the Judiciary Law of 1789.The decision helped define the boundary between the constitutionally judicial and executtive branches of forming the American government. Marbury vs. Madison has been used as justification for the amassing of power by the supreme court. Marshall justified his ruling that the Supreme Court could not order Madison to deliver Marbury's because part of the Judiciary Act of 1789, was unconstitutional because it expanded the Court's original jurisdiction to include cases like

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