constitution


Judicial Review Overview

Judicial Review Overview

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Judicial Review Overview

Judicial
review acquires its roots from all the way back to that of the presidential
election of 1800. It represents the Supreme Court’s authority to review cases
and decide on whether or not such laws are Constitutional. The advent of
judicial review stems back to the time in which John Adams had submitted defeat
at the hands of Thomas Jefferson. Despite this hit to the Federalist regime,
however, Adams proceeded with a stream of actions that he believed would ensure
some basis of Federalist power regardless of the change in the Presidency.

Due to a
delay in time in relation to when exactly Jefferson took office, Adams was able
to proceed without any immediate opposition. His appointment of justices became
known as the “midnight appointments,” since they seemed to have
happened overnight. Though they had all been approved by the Senate, one
additional step must be fulfilled for these appointments to have gone into
effect legally. These “commissions” must have been distributed to
those appointed in order for it to be achieved to its completion.

Delivery never occurred, however, as President
Jefferson finally took his place and ordered that the commissions not be sent
prior to the return of James Madison, who balanced both appointment as Chief
Justice of the Supreme Court as well as acting Secretary of State. With the
absence of such appointments, Adams’ men were unable to take up the various
offices set upon them as well as go forth with duties he had wished them to
begin. In addition, the Judiciary Act of 1801 was abolished and replaced by a
subsequent Judiciary Act of 1802, which reverted terms to follow in the
footsteps of the early Judiciary Act of 1789.

As a result,
Marbury, one of those individuals set to take up appointment as a Justice of
the Peace for the District of Columbia, decided to file a complaint with the
Supreme Court. This case came to be known as Marbury v. Madison. The basis of
the issue may be stemmed from the following specification. In order for a case
to be heard by the Supreme Court, the following must occur: filing with the
Supreme Court, filing with a lower Federal court and filing appeals upwards,
and filing in a State court and also appealing up. From these choices, then,
Marbury assumed the quickest option. However, such an option required the
existence of “original jurisdiction,” which the Supreme Court was not
stated as having at that moment in time. Due to this Marbury cited the Judiciary
Act of 1789, which stated that Congress had the ability to enable the Supreme
Court to acquire “original jurisdiction”.

The Supreme Court came to a final decision that
worked to appease all involved as much as its powers could. It ruled that
Marbury did possess the legal right to attain his commission, but stipulated
that it could not force Madison to convey it to him. In addition, Chief Justice
John Marshall stated that such a claim was unconstitutional since it granted
the Supreme Court the power that is not set forth within Article 3 of the
United States Constitution. This action represented the first time that the
Supreme Court had even possessed the authority to declare an Act unconstitutional,
and thus, make an Act from Congress void, thus also representative of the very
first judicial review.

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