What is Judicial Review and Why is it Controversial
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In the judicial branch, only the courts have the power of judicial review. What this means is that the Supreme Court can only void or declare laws unconstitutional. One primary issue dealing with judicial review is this cannot be found in the Constitution. However, many citizens believed that judicial review was an explicit or expressed power. In other words the supreme court naturally had this power without it being in the Constitution. Both Federalist and Anti-federalist for instance assumed the courts would have this power considering most state courts all ready used judicial review before the constitution was being created.
Although, majority of the federalist and anti-federalist saw this coming, not all agreed. In the case of Marbury v Madison(1803), William Marbury who was appointed Justice of Peace in the District of Columbia by President John Adams at the time failed to finish and deliver the commissions. Because of this Marbury not only filed for a writ of mandamus but also petitioned the supreme court in order to force James Madison who was the new secretary of state to deliver the documents. He filed for a writ of mandamus and Chief Justice John Marshall noticed that Madison's failure to deliver the documents was illegal and unconstitutional.
Although, majority of the federalist and anti-federalist saw this coming, not all agreed. In the case of Marbury v Madison(1803), William Marbury who was appointed Justice of Peace in the District of Columbia by President John Adams at the time failed to finish and deliver the commissions. Because of this Marbury not only filed for a writ of mandamus but also petitioned the supreme court in order to force James Madison who was the new secretary of state to deliver the documents. He filed for a writ of mandamus and Chief Justice John Marshall noticed that Madison's failure to deliver the documents was illegal and unconstitutional.
How Judicial review was Developed
Marbury v. Madison (1803)
-Chief Justices John Marshall concluded that the judges have the power to decide whether acts of Congress, the executive branch, state laws and even the state Constitutions violate the US Constitution.
-Supreme Court justices have the final say about the meaning of the Constitution.
-This power to declare what the Constitution mean and whether government actions violate the Constitution is known as Judicial review.
-Chief Justices John Marshall concluded that the judges have the power to decide whether acts of Congress, the executive branch, state laws and even the state Constitutions violate the US Constitution.
-Supreme Court justices have the final say about the meaning of the Constitution.
-This power to declare what the Constitution mean and whether government actions violate the Constitution is known as Judicial review.