Sunday, March 8, 2020

The Supreme Court & Judicial Review

The Supreme Court has one of the biggest roles in our constitutional system of government. Its the highest court in the U.S. and it's the last resort for those seeking justice. Article III, Section I states "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Judicial Review is the best known power of the Supreme Court and its the ability to declare a legislative or executive act in violation of the constitution,is not found within the text of the constitution itself. The Court established this doctrine in the case of Marbury v. Madison in 1803

During this case the Supreme Court lead by Chief Justice John Marshall confirmed the legal principle of judicial review. The court ruled that the new president of the time Thomas Jefferson with the aid of his secretary of state were wrong to prevent William Marbury from taking office as justice of the peace for Washington County. But it was also ruled that the court had no jurisdiction in the matter and therefore could not force Jefferson and Madison to seat Marbury. While writing the decision John Marshall said that the acts of congress were in conflict with the constitution and are not law. Marshall, wrote that if two laws conflict the court bears responsibility for deciding which law applies in any case given.


Sources:
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about
https://www.history.com/this-day-in-history/marbury-v-madison-establishes-judicial-review

No comments:

Post a Comment