The power of judicial review came from the Supreme Court itself in a case called Marbury v Madison. Marbury v Madison is one of the most important cases in Supreme Court history because it gave the Supreme Court the power to void an act of Congress if it is inconsistent with the Constitution. Marbury v Madison was the first case to petition against what the branches can do and that is how judicial review was created. On February 28th, 1803, it was one of the last days John Adams was in office and he created a bunch of new judicial positions and appointed his allies to fill them. When Thomas Jefferson took office, his secretary of state, James Madison refused to give them the commissions to take the positions. William Marbury petitioned and took it …show more content…
Article III of the Constitution illustrates what a Supreme Court should look like, it states: “The judicial Power of the United States, shall be vested in one supreme Court…”. Article III creates the judicial branch and it is the branch that applies to Constitution into different cases but nowhere in the Constitution does it talk about judicial review which was created in a Supreme Court case. The Judiciary Act of 1789 was signed into law by George Washington and it established the structure of the federal court system and throughout the years the same basic outline of the federal court system is still intact today, although he never said anything about judicial review is it important to have it because it makes sure that none of the branches are violating the Constitution. Chief Justice John Marshall 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. If two laws conflict with each other, the courts must decide on the operation of