Essay on Judicial Review

Essay on Judicial Review

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Judicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstances.
The most important case in Supreme Court History was in 1803 with Marbury v. Madison; coincidently, it was the start of judicial review. This complicated case began when President Jefferson took office after President Adams on March 5, 1801. Before leaving office President Adams appointed Justices of the Peace for the District of Columbia, which was approved by the Senate, and signed and sealed with the official presidential seal; however, it was never delivered to the appropriate branch of government and the current President, Jefferson, ordered the Secretary of State, James Madison not to deliver the appointments (Landmark cases, 2006). One of the appointed Justices of Peace, William Marbury, petitioned the Supreme Court for a legal order asking Madison to give reason why he, Marbury, should not receive his appointment (Landmark cases, 2006). Chief Justice Marshall had to determine if Marbury had the right to ask for legal action for his appointment, did the laws of the United States allow the courts to Marbury this legal action, and did the Supreme Court have the authority to grant legal action (Landmark cases, 2006). The issue was resolved in President Jefferson’s favor because of Secti...


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...ewAHaq.pdf
Judicial review. (2011). Retrieved from
http://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review
Landmark cases. (2006). Retrieved from
http://www.pbs.org/wnet/supremecourt/democracy/landmark_marbury.html
Morris, N. (2008, February 14). The big question: why doesn’t the UK have a
written constitution and does it matter. Retrieved from
http://www.independent.co.uk/news/uk/politics/the-big-question-why-doesnt-the-uk-have-a-written-constitution-and-does-it-matter-781975.html
Schyff, G. (n.d.). Constitutional review by the judiciary in the Netherlands: a bridge
to far. Retrieved from http://www.germanlawjournal.com/pdfs/Vol11-No2/PDF_Vol_11_No_02_275-290_Developments_Gerhard_van_der_Schyff.pdf
Thomas Jefferson on politics and government. (n.d.). Retrieved from
http://www.famguardian.org/Subjects/Politics/ThomasJefferson/jeff1030.htm

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