The Case Of Marbury Vs. Madison Essay

2013 Words Aug 18th, 2015 null Page
So if it is not directly stated in the constitution, how did it the concept of Judicial review come about? In 1801 as President John Adams was exiting office, he appointed several federalist to high positions, but when President Thomas Jefferson, a Republican, came into office he did not deliver these commissions. One of those who should have received one of these positions took this to the Supreme Court in what would be known as Marbury vs. Madison. Chief Justice John Marshall ruled that Marbury was legally entitled to the position, and that the course of action to correct was through a mandamus by the court; although it is not stated in the constitution, but added in the Judiciary act of 1789, the Supreme Court deemed the act unconstitutional. This is the first instance where the Supreme Court ruled an act or congress unconstitutional, or the use of judicial review. Thus the precedent, or an example that will be considered for judging future cases, of judicial review was set in place, and is continued to this day. Not only did Marbury vs Madison sets the standard of judicial review, but established the Judiciary branch had checked over both the Legislative and Executive branches, reaffirming it was the supreme judicial body in America, even over the remaining two branches. Although the Supreme Court with the power of judicial review has the power to overrule the other two branches of the government, throughout history majority of the cases that are brought to the Supreme…

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