0
The power of judicial review was never formally delegated either by the Constitution or an Act of Congress, but arose from British common law practices the US Courts adopted as a matter of course. Chief Justice John Marshall formally claimed the right of judicial review in his opinion for the Marbury v. Madison, (1803) case.
Still curious? Ask our experts.
Chat with our AI personalities
Ezra
Fran
Maxine
Add your answer:
Earn +20 pts
What is the power of the supreme court to say whether any federal state or local law is unconstitutional?
The US Supreme Court, theoretically, as part of the system of the federal government's system of checks and balances. However, they have no way to enforce their claim of unconstitutionality, as exploited by Andrew Jackson. The Supreme Court has the right to check Congress by deciding if the laws it passes are Constitutional. The People are the ultimate check on Congress, through the vote.
Critics of Judicial review claim that it conflicts with principles of?
Democracy
The effect of Adam's appointment of midnight judges?
Midnight judges were Adams' attempt to pack the courts before Jefferson's Presidency. However, not all of the judges were given their commisions. One of which was a man named Marbury. He took Madison, the Secretary of State at the time (the man in charge of delivering these) to court. The court case is a milestone for the Supreme Court because it established Judicial Review. The outcome of the trial basically said they did not have the jurisdiction on this case because his claim they did under the Judiciary Act of 1789 was unconstitutional. Thus, it established Judicial Review.
Is the concept of judicial review mentioned in the constitution?
The Supreme Court is not explicitly given the power of judicial review. It is, however, an implied power. The power of judicial review was asserted by Chief Justice John Marshall in Marbury v. Madison, a case in which he declared a section of the Judiciary Act of 1789 unconstitutional. Previously, the Court had made decisions supporting acts of Congress; this was the first time it had acted against it.That is not to say that the idea of judicial review did not exist before this case, or that it was not considered in the writing of the Constitution. It was debated during the Constitutional Convention, it just wasn't explicitlywritten. Even when Marshall's decision was made in the case of Marbury v. Madison, his claim to judicial review was not doubted or opposed.Interestingly, Thomas Jefferson, who was president at the time, also claimed the right to judicial review. Andrew Jackson, a later president, also did. Their ideas did not, however, survive.
What action can be taken by the US Supreme Court to illustrate the concept that the Constitution is the supreme law of the land?
It is this power which actually allows the court system to uphold the constitution as the supreme law of the land. It judges all laws against that of the constitution. if there is discrepancy, it is not the constitution that changes, but the law in question. The Supreme Court can find a law passed either by Congress or any of the states conflicts with the constitution and declare that it is invalid and of no force or effect. The Court has no power to simply do this on its own. The issue must come to it via a proper lawsuit which alleges that the law unconstitutionally harms a protected right. This is called the power of "judicial review". An example is the case of Gibbons v. Ogden, which involved a claim that a New York law that gave a person exclusive rights to run a ferry service between New York and New Jersey. The Supreme Court ruled that the New York law was in conflict with the provision of the Constitution that gives Congress the sole power to regulate interstate commerce. The Court ruled the law was unconstitutional and not binding because the Constitution is supreme over state laws.
