Marbury V. Madison : The Legacy Of Judicial Review Essay

Marbury V. Madison : The Legacy Of Judicial Review Essay

Length: 1183 words (3.4 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Marbury v. Madison: The Legacy of Judicial Review
John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analysis the positive effects of the doctrine in American politics.
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by congress, (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws. Specifically, in the case Marbury v. Madison, President Adams working with a lame duck congress, hurriedly passed the Judiciary Act of 1801 in order to appoint judges supportive to federalist concepts before the end of his presidential term. President Adams appointed judges late into the evening on the 3rd of March, described as the “midnight judges.” Unfortunately, four of the judges commissioned did not receive their commissions from James Madison, Secretary of State, by midnight. Thomas Jefferson assumed the presidential office on the 4th of March, and refused to deliver the commissions. William Marbury, one of the four judges who did not receive his commission filed suit and petitioned the court. Marbury requested the court by means of a writ of mandamus, force Madison t...

... middle of paper ...

...courts to interpret the Constitution and affirmed the power of judicial review. The power of judicial review averted the judiciary branch of the inherent weakness and lack of equality in power among the three branches of government. The independence of the Supreme Court is paramount in protecting the civil liberties granted to citizens. The judicial power afforded by means of the doctrine of judicial review is not superior or above the other two branches of government. The Supreme Court’s duty is to nullify legislative acts contrary to the Constitution. Hamilton expounds the power of the courts in the Federalist Papers No. 78, “it only supposes that the power of the people is superior to both”, and judges should regulate their decisions by the fundamental laws, (Hamilton, 2008). The Supreme Court’s duty is to nullify legislative acts contrary to the Constitution.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Judicial Review : The Supreme Court Essay

- The Supreme Court has made numerous decisions that have impacted the United States Government as well as the citizenry of the United States. The Marshall court is recognized as making a decision on the most important case in the history of the Supreme Court. William Marbury was to be appointed to the position of Justice of the Peace in the District of Columbia, but his appointment was never fulfilled. Marbury then filed a writ of mandamus to attempt and force the new Secretary of State, James Madison to deliver the appointment....   [tags: Supreme Court of the United States]

Better Essays
1139 words (3.3 pages)

Marbury v. Madison: Judicial Review Essay

- In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review. President John Adams and the Federalist lost the election to Thomas Jefferson....   [tags: Marbury v. Madison]

Better Essays
1021 words (2.9 pages)

Essay on Marbury V. Madison And Judicial Review

- In Robert Lowry Clinton’s book Marbury v. Madison and Judicial Review, the author describes the controversial ideal of judicial review, which became a major power delegated to the Supreme Court following the case Marbury v. Madison. Clinton does this by tracing the origins of judicial review that preceded the court case, as well as describing the institution through the court case itself and its future in the American justice system. Despite the court’s now famous history, Clinton claims in his book an agreed upon notion of judicial review of constitutional matters has existed before, during and after the Marbury decision....   [tags: Supreme Court of the United States]

Better Essays
1664 words (4.8 pages)

Marbury v Madison: Judicial Review Essay

- Marbury v. Madison, which established the power of judicial review for the Supreme Court, changed the course of American history. This power to review legislation that congress has passed and possibly deem it unconstitutional has had a profound impact on American society. This power provides a check on the Legislative branch, but it also lends itself to an important debate over when the Court can and should use this power. Should the court use this power to increase the power of the national government, something many call judicial activism....   [tags: Legislative Branch, Commerce Clause]

Better Essays
1201 words (3.4 pages)

Pros And Cons Of Judicial Review Essay

- Pros and Cons of Judicial Review      Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Court's right to translate the Constitution in 1803 following the case of Marbury Vs. Madison, in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one of the sole purposes of the Supreme Court of the United States. Many Historical thinkers would find some difficulty in imagining a government set up to limit the power of itself,but others would argue that this form of government best works for the people, and not agains...   [tags: Government Judicial Review Essays]

Free Essays
1015 words (2.9 pages)

The Court Case of Marbury v. Madison and Judicial Review Essays

- ... Here is the contradiction to popular belief. Marshall was not a pioneer for the creation of fair and equal government, he was really trying to make a decision that would protect his position while pleasing both the Federalists and the Democratic-Republicans. This is most accurately described by Robert G. McCloskey: “ a mastery of indirection [is]…Marshall’s ability to sidestep danger while seeming to court it, to advance in one direction while his opponents are looking another”(Clinton 6). Marshall’s actions were fueled by political concerns, not legal....   [tags: supreme courts, federalists, justice]

Better Essays
866 words (2.5 pages)

Essay about The Power of Judicial Review

- The late 1700s and early 1800s were a time full of expansion and innovation in the United States of America. The country was getting bigger, both in population and in geographic size, and the government was getting more powerful as well. This was because of the new Constitution that was put into place in 1787 that replaced the Articles of Confederation and took most of the power away from the individual states and gave it to the federal government. When the Constitution was ratified, both Brutus (believed to be Robert Yates), and Alexander Hamilton were in a debate over the potential power of the federal government, and more specifically, the power of the Supreme Court in Federalist 78 and B...   [tags: Marbury v. Madison, Brutus' 11th & 12th letters]

Better Essays
1111 words (3.2 pages)

Essay on The Judicial Branch

- The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch....   [tags: Judicial Review, US Government]

Better Essays
1506 words (4.3 pages)

Influences on Judicial Power Essay

- Influences on Judicial Power      Under Article III of the Constitution the judicial branch was established, but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review....   [tags: Political Science Judicial Review Essays]

Better Essays
1468 words (4.2 pages)

Essay on Judicial Review

- 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....   [tags: Justice System ]

Better Essays
977 words (2.8 pages)