Marbury was decided and judicial review was established. For the first time ever, the “court [could] declare an act of Congress void if it [was] inconsistent with the Constitution” (History.com Staff, 2009). An issue occurred when James Madison, secretary of state, was given orders to not send Marbury, an appointee, his commission. Marbury and three others demanded a writ of mandamus from the Supreme Court for the incident in order to understand why they should not receive their commission. However, Chief Justice John Marshall didn’t follow through because he felt the Constitution didn’t grant the Supreme Court the power to do this, even though the Judiciary Act of 1789 did. Marshall realized that Congress had exceeded its power and, according to the Constitution, the decision was left to the Courts (History.com Staff, 2009). This inconsistency led to judicial review, which not only emphasized the Supreme Court’s power to be the final interpreter of the Constitution and “supreme law of the land”, but made the government recognize the Judicial Branch as equal and necessary (“Marbury v. Madison …show more content…
Board of Education overturned the past decision of Plessy v. Ferguson and established that segregating children in public schools due to race was unconstitutional. In 1896, Plessy v. Ferguson stated that segregating these facilities would remain constitutional as long as the blacks had equal facilities as the whites and vice versa. When Oliver Brown’s child was denied acceptance into a white school, he brought attention to the violation of the Equal Protection Clause, but was dismissed by the federal courts. These courts believed that under the Plessy doctrine, although the white and black schools weren’t exactly equal, they were equal enough to not be considered unconstitutional. However, Brown didn’t settle. He brought the case to the Supreme Court which was grouped with other cases dealing with desegregation of other public schools. As a result, Chief Justice Earl Warren and the rest of the Court made a unanimous decision that segregating public schools by race was unconstitutional due to the Constitution’s Equal Protection Clause. The Court believed “public education in the 20th century… had become an essential component of a citizen 's public life, forming the basis of democratic citizenship, normal socialization, and professional training. In this context, any child denied a good education would be unlikely to succeed in life. Where a state, therefore, has undertaken to provide universal education, such education becomes a right that must be