The Principle of Judicial Review by: K12
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“Before the revolution in 1776, the English Privy Council in London regularly reviewed acts of the colonies. This was done to make sure the colonies’ laws complied with English law,” (K12 1). After the Declaration of Independence was created and established. When they separated from England, each colony created their own little laws and constitutions, applying it to any laws trying to get passed in the colonies. “Therefore, judicial review was well known in the colonies before the Constitution was written,” (K12 1). Then, in 1787, the Constitution was written. In the Constitution, it is not clearly stated what the Supreme Court’s job was, let alone whose job it was to apply Judicial Review. After the Marbury v. Madison case, the Supreme Court got the title of applying Judicial Review and determining if a law was Constitutional. Today, the Supreme Court has the power of Judicial Review over laws from Congress, the President’s actions or wants, and cases and rulings from the Legislative Branch. The Supreme Court and their application of Judicial Review is, in my opinion, the most important part of the U.S. government today. They make sure that no law or regulation goes through that could harm us at citizens or be unfair and unjust. Without Judicial Review, things could be passed everyday that don’t follow the Constitution. Judicial Review is our filter, leaving the citizens only the right, the correct, the just, and the Constitutional.
The Supreme Court-Marbury v. Madison by: Alex McBride (with PBS)
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“Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of ‘judicial review’” (McBride 1). When this case was going on, Thomas Jefferson had just become President of the U.S. John Adams, right before he left office, “appointed a large number of justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of the government,” (McBride 1). These justices were never appointed or approved because Adams left office. When Thomas Jefferson became President, he told his Secretary, James Madison, not to deliver them to be approved. Then, an appointee, William Marbury, petitioned for a writ of madamus(legal order), that would force Madison to show why people shouldn’t receive the commission. Chief Justice Marshall was in charge of figuring out this case. He had to ask three main questions. “First, did Marbury have a right to the writ for which he petitioned? Second, did the laws of the United States allow the courts to grant Marbury such a writ? Third, if they did, could the Supreme Court issue such a writ?” (McBride 1). The answers to the first two questions seemed like it was to be passed, but while asking the third, he realized how it couldn’t be passed. The answer showed that this writ was unconstitutional because it “extended to cases of original jurisdiction,” (McBride 1). Marbury was denied the writ because of Marshall’s decision. Now, because of the wisdom the Supreme Court exhibited in this case, it is the Supreme Court’s job to check whether something wanted to be passed is Constitutional or not.
Judicial Review by:Warren Michelsen (with The Constitutionality Crisis)
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The main purpose of the Supreme Court is to determine whether a law or regulation is Constitutional or unconstitutional. This process of sorting is called Judicial Review. This task given to the Supreme Court “is not delegated to the Supreme Court by the Constitution,” (Michelsen 1). This task not given by7 the Constitution just evolved after an incident known as Marbury v. Madison in 1803. Because of some argument between people in this incident, they decided to go the Supreme Court to help solve. They came to the idea of that Marbury’s writ of madamus was unconstitutional. The idea of the Supreme Court literally being supreme has become so engraved in the government and in the United States, that even though it’s not clearly in the Constitution, everyone knows what their job is. So, in conclusion, Judicial Review is just the Supreme Court’s process of making sure no law or rule gets passed that doesn’t follow our Founding Fathers’ Constitution.
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^Supreme Court slide show^