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Marbury V. 78 By Alexander Hamilton

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Abstract: The notion of judicial review requires courts to examine the legality of the executive branch. The government must carry out its obligations in accordance with constitutional principles. The judicial branch operates in accordance with constitutional principles. A constitutional provision that requires all laws in the United States to be consistent with the federal constitution if passed by the same legislature that enacted the legislation in question. The employee is not susceptible to the current political atmosphere or special interest law, interpretation of the law, executive action, and meets the doctrine's objective to have the following characteristics: 1. Seriousness of purpose in the attempt to comprehend the absence of the …show more content…

78 In The Federalist No. 78, Alexander Hamilton examines the importance of an independent judiciary and the role of judicial review in maintaining the federal government's balance of power. Hamilton contends that the court should serve as a check on the legislative branch by examining the constitutionality of laws. He claims that judges, free of political and popular influences, are best prepared to read the Constitution objectively. Hamilton envisioned the court as the Constitution's custodian, ensuring that the laws of the land reflected its values. They contend that without judicial review, the Constitution would be useless, as Congress could adopt laws that violated individual rights without consequence. Explaining The Case Marbury v. Madison Marbury v. Madison (1803) is a landmark case in U.S. constitutional law that established the principle of judicial review. The case arose from a political dispute over judicial appointments made by outgoing President John Adams …show more content…

Federal judicial power is vested in the Supreme Court and other lower courts. It applies to all cases arising from the Constitution, laws and treaties. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers and consuls. Supremacy Clause of Article VI The Supremacy Clause of Article VI of the United States Constitution declares that the Constitution and the laws made pursuant thereto are the supreme law of the land. The judges of every state are bound by this constitution, regardless of any differences between the constitution and the law of any state. All executive and judicial officers are bound by an oath or affirmation to uphold this Constitution. The power of judicial review is implied by these provisions, as it is the inherent duty of the courts to determine the applicable law in any given case. A federal statute is the law of the land only when it is made in accordance with the Constitution, and state constitutions and laws are valid only if they are consistent with the Constitution. Any law contrary to the Constitution is void. Federal courts have a duty to interpret and apply the Constitution, and if a conflict arises, they must disapprove of the conflicting statute. The Supreme Court has final appellate jurisdiction in all cases arising under the

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