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Judicial Review in the U.S. Legal System

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The origins of judicial review in the United States trace back to the landmark case of Marbury v. Madison in 1803. This case established the Supreme Court's power to invalidate laws that violate the Constitution, setting a precedent for the judiciary's role in upholding constitutional supremacy. The decision emerged from a dispute over the Judiciary Act of 1801 and solidified the checks and balances system.

The Origins and Establishment of Judicial Review in the United States

Judicial review, the authority of the Supreme Court to invalidate legislative and executive actions that violate the Constitution, is a fundamental aspect of the U.S. legal framework. This power, while not explicitly stated in the Constitution, was affirmed by the Supreme Court in the seminal case of Marbury v. Madison in 1803. Prior to this, some state courts had exercised judicial review, but the Supreme Court had not asserted this role. The Marbury decision established the judiciary's authority to interpret the Constitution and to ensure that all laws are consistent with the constitutional framework.
Neoclassical courthouse with white marble columns, central dome, and steps under a clear blue sky, surrounded by manicured greenery.

The Judiciary Act of 1801 and the Ensuing Commission Dispute

The Judiciary Act of 1801, enacted by a Federalist-dominated Congress at the end of John Adams' presidency, reorganized the federal judiciary and permitted the appointment of new judges. Adams made several "midnight appointments," including William Marbury as a justice of the peace in the District of Columbia. However, when Thomas Jefferson became president, he directed his Secretary of State, James Madison, to withhold the undelivered commissions. Marbury, deprived of his commission, petitioned the Supreme Court for a writ of mandamus, seeking to compel the delivery of his appointment.

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00

In ______, the case of ______ v. ______ confirmed the judiciary's right to interpret the Constitution.

1803

Marbury

Madison

01

Adams' 'midnight appointments'

John Adams appointed several judges on his last day in office, known as 'midnight appointments'.

02

Marbury's position and action

William Marbury was appointed as a justice of the peace in D.C. but his commission was withheld, leading him to petition the Supreme Court.

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