Exploring Supreme Court Power: From Marbury to Modern Impact
School
Lone Star College, CyFair**We aren't endorsed by this school
Course
GOVT 2305
Subject
Political Science
Date
Dec 10, 2024
Pages
1
Uploaded by ChancellorHamsterPerson1230
Maegan Coronado 11/9/2024The growth of Supreme Court authority since Marbury v Madison was a powerful and radical expansion of US law and politics. Marbury v Madison created judicial review and gave the Supreme Court the power to strike down laws. In it, Chief Justice John Marshall’s 1803 decision forever changed the role of the court as it claimed power to interpret the Constitution and check the legislature and the president.IMO, the broadening of the power of the Supreme Court has not only been necessary but also good for the power structure of the federal government. By judicial review, no law or executive action can override the Constitution, preserving individual liberty and the rule of law. It’s that power that has enabled the Court to have an impact in cases such as Brown v Board of Education, which brought an end to public school racial segregation, and Obergefell vs Hodges, which made same-sex marriage legal across the country.When it comes to what the Framers were aiming for, we need to keep in mind wherethe Federalist Papers (especially Federalist No. 78, written by Alexander Hamilton. For Hamilton, the judiciary would be the "least dangerous" form of government because it ‘possessed neither force nor will, but only judgment.’ Hamilton insisted on the necessity of an independent court to guard against legislative invasions of individuals’ rights. Judicial review is consistent with this as it allows the courts to serve as a steward of the Constitution.But the Framers would have had no sense of the Court’s contemporary clout. And though they meant for the courts to monitor the other branches, the reach of judicial review has occasionally been accused of judicial activism: that the Court shapes policy, not only interprets the law. This tenseness is symptomatic of a judicial power debate over the proper limits of that authority.Ultimately, the extension of the Supreme Court’s authority since Marbury vs Madison was a driving force in the history of American democracy. It’s consistent with the Framers’ desire to set up a powerful checks and balances mechanism, though its power is not settled. Whether the Court interprets the Constitution and upholds individuals’ rights is still a pillar of its constitutional function in the federal government.
