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Establishment of judicial review
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Judicial review is the power of courts to examine the actions of the legislative and executive branches of government and to declare those actions unconstitutional if they violate the Constitution. This fundamental principle is a cornerstone of the checks and balances that underlie democratic governance.
### Establishment of Judicial Review in the United States
The concept of judicial review was established in the United States with the landmark Supreme Court case **Marbury v. Madison** in 1803. Here are some key points about this case and the establishment of judicial review:
1. **Background of the Case**: The case arose in the context of a political conflict between the outgoing President John Adams and the incoming President Thomas Jefferson. In the final hours of his presidency, Adams appointed several justices of the peace, but not all of the appointments were delivered before he left office. Jefferson’s Secretary of State, James Madison, refused to deliver the remaining commissions.
2. **William Marbury’s Petition**: William Marbury, one of the appointees whose commission was not delivered, petitioned the Supreme Court for a writ of mandamus, which would compel Madison to deliver the commission.
3. **Chief Justice John Marshall’s Ruling**: The Supreme Court, led by Chief Justice John Marshall, ultimately held that while Marbury was entitled to his commission, the Court did not have the jurisdiction to issue a writ of mandamus because the section of the Judiciary Act of 1789 that granted the Court this power was unconstitutional.
4. **Significance of the Ruling**:
- **Judicial Review Established**: This case established the principle of judicial review, affirming the Supreme Court's authority to invalidate laws and executive actions that it finds to be in violation of the Constitution.
- **Supremacy of the Constitution**: It reinforced the idea that the Constitution is the supreme law of the land and that all government actions must be in accordance with it.
- **Balance of Power**: By asserting its role in reviewing the constitutionality of legislative and executive acts, the Supreme Court placed itself firmly in the system of checks and balances, ensuring that no branch of government could exceed its constitutional authority.
### Impact of Judicial Review
Judicial review has since become a crucial feature of the American legal system, playing a vital role in protecting individual rights and maintaining the rule of law. Notable cases that have involved judicial review include:
- **Brown v. Board of Education** (1954): Declared racial segregation in public schools unconstitutional.
- **Roe v. Wade** (1973): Affirmed a woman's right to choose an abortion, striking down many state restrictions on the practice.
- **Obergefell v. Hodges** (2015): Affirmed the constitutionality of same-sex marriage.
Judicial review has also been influential in other countries and legal systems, shaping their judiciary's role in governance and protecting constitutional rights.
### Establishment of Judicial Review in the United States
The concept of judicial review was established in the United States with the landmark Supreme Court case **Marbury v. Madison** in 1803. Here are some key points about this case and the establishment of judicial review:
1. **Background of the Case**: The case arose in the context of a political conflict between the outgoing President John Adams and the incoming President Thomas Jefferson. In the final hours of his presidency, Adams appointed several justices of the peace, but not all of the appointments were delivered before he left office. Jefferson’s Secretary of State, James Madison, refused to deliver the remaining commissions.
2. **William Marbury’s Petition**: William Marbury, one of the appointees whose commission was not delivered, petitioned the Supreme Court for a writ of mandamus, which would compel Madison to deliver the commission.
3. **Chief Justice John Marshall’s Ruling**: The Supreme Court, led by Chief Justice John Marshall, ultimately held that while Marbury was entitled to his commission, the Court did not have the jurisdiction to issue a writ of mandamus because the section of the Judiciary Act of 1789 that granted the Court this power was unconstitutional.
4. **Significance of the Ruling**:
- **Judicial Review Established**: This case established the principle of judicial review, affirming the Supreme Court's authority to invalidate laws and executive actions that it finds to be in violation of the Constitution.
- **Supremacy of the Constitution**: It reinforced the idea that the Constitution is the supreme law of the land and that all government actions must be in accordance with it.
- **Balance of Power**: By asserting its role in reviewing the constitutionality of legislative and executive acts, the Supreme Court placed itself firmly in the system of checks and balances, ensuring that no branch of government could exceed its constitutional authority.
### Impact of Judicial Review
Judicial review has since become a crucial feature of the American legal system, playing a vital role in protecting individual rights and maintaining the rule of law. Notable cases that have involved judicial review include:
- **Brown v. Board of Education** (1954): Declared racial segregation in public schools unconstitutional.
- **Roe v. Wade** (1973): Affirmed a woman's right to choose an abortion, striking down many state restrictions on the practice.
- **Obergefell v. Hodges** (2015): Affirmed the constitutionality of same-sex marriage.
Judicial review has also been influential in other countries and legal systems, shaping their judiciary's role in governance and protecting constitutional rights.