Judicial Review

Judicial Review gives courts the authority to examine a legal document made by the executive branch or legislative branch. Through this examination process, the courts can then determine if an act violates the constitution. The Supremacy Clause states that national law is law of the land and courts are to uphold it. With Judicial Review, courts can successfully uphold the national law. Judicial Review originated with the monumental case Marbury v. Madison in 1803. During this case Jefferson defeated incumbent Adams in the presidential election in February 17, 1801. Jefferson, however, did not take office until March 4 leaving Adams with nearly one more month in office. During Jefferson’s lame-duck season, Adams took advantage and appointed many Federalist judges before leaving office called “Midnight Judges”. With time, Adams term ended and not all of the judges were fully appointed by Marshall, who was doing a favor for Adams as being his previous Secretary of State. With Jefferson in office, he appointed Madison as the new Secretary of State and denied all of the documents ensuring the midnight judges their seat as a Federalist Judge for the United States. Marbury, who was going to be appointed a Peace Judge, was denied by Madison and took his case to the Supreme Court. The court ruled in favor of Marbury that preventing Marbury from …show more content…
Madison established the separation of powers in each branch of government. With each branch having their specific powers, one branch may attempt to possess more control and shape the government into their favor. After Marbury v. Madison, the court was granted Judicial Review to examine and determine if an act by one of the other branches was unconstitutional. Thus creating the idea of checks and balances that bases each branch of government should not be more powerful than their counterparts. With Judicial Review, the courts can maintain the system of checks and balances with the other branches of