How does Marbury Vs. Madison Establish Judicial review?
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How does Marbury Vs. Madison Establish Judicial review?
 
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Hector M
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Marbury was appointed judge by the senate, but John Adams office was unable to mail out his commission before Thomas Jefferson took office. When Jefferson became president on March 4, 1801 he ordered all judicial commissions to not be mailed out and considered void.
Marbury sued and argued that under the Judiciary act of 1799, he still should receive his commission and take his seat as a judge.
In short, Justice Marshall ruled that the Judiciary Act contradicted the constitution and as such was unconstitutional and therefore void.
Although 'Judicial Review' was not explicitly mentioned, Marbury v. Madison was the first time that a law was deemed unconstitutional and therefore void established the precedent of Judicial Reveiw.
As an example of an altrenative view to Judicial Review, President Jefferson was greatly displeased with the ruling and felt that Review of constitutionality was a power that should have been given to the States. |
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Nicky A
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Marbury v. Madison, a supreme court case in 1803, established judicial review in that Supreme Court Justice John Marshall stated that the US Supreme Court determines constitutionality and is the ultimate judge of judicial decisions and court case reviews from the lower courts. John Marshall was a Federalist and wanted to expand the powers of the federal government by subsequently limited those of the states. It asserted the power of the supreme court to make the final decisions in all cases concerning constitutionality and interpret the meaning of the constitution. |
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