Judicia Judicial Review: Alexander Hamilton

In Federalist 78, Alexander Hamilton stated, “No legislative act, therefore, to the Constitution, can be valid.” The framers established the Constitution in Article VI Clause 2 to be the “supreme Law of the Land.” No other bill or statute can contradict with the Constitution. Through judicial review, the Supreme Court can compare a bill passed by Congress with the Constitution itself to decide if it is Constitutional. If the act is not in accordance with the Constitution, the Supreme Court has the power to declare part or all of a law null and void. Michael Trachtman stated in “The Supremes’ Greatest Hits”, that the Supreme Court has the “right to void governmental actions and laws if they violate the Constitution.” This power allows acts of Congress to remain in line with the Constitution, just as the framers intended. …show more content…
This check keeps the legislative branch “in their proper place.” Prior to judicial review, an act passed by Congress was unchanging. Judicial review allows for a check on bills passed by Congress, to prevent the legislative branch from gaining too much power. This is illustrated in the Supreme Court case Brown v. Board of Education. Prior to Brown v. Board, Congress had decided that African-Americans and White people were to be “separate but equal.” In Brown v. Board, the Supreme Court held that “separate but equal” was a violation of the 14th amendment, and declared it null and void. This act of judicial review had a lasting impact on the national view of