| "> | | | | at all possible costs. The concept of judicial |
| Judicial review is great example of separation of | | | | review falls squarely within Marshall’s |
| powers in the United States democratic | | | | opinion claimed in the decision of Marbury v. |
| government system. Under the doctrine, | | | | Madison, and the status of the courts as the only |
| legislative actions are subject to by the judiciary. | | | | truly independent body of government in the |
| The history of this doctrine and how it came to | | | | United States reserves its place as the first line of |
| pass is interesting and worth delving into. | | | | defense for the review of unconstitutional laws. |
| The concept of judicial review as applied to every | | | | |
| aspect of government is an idea that is distinctly | | | | Marshall also claimed in his decision that the United |
| American in the way it is applied in the | | | | States constitution held precedent over any |
| governmental system. Throughout the history | | | | legislation passed by the federal government. |
| of the United States, judicial review has served as | | | | This is extremely easy to understand in the |
| one of the principle cornerstones for determining | | | | context of the time in which Marshall’s |
| the direction of the country and its adherence to | | | | decision was applied. The time in which Marbury |
| the original constitution under which it was | | | | v. Madison was decided was not incredibly far |
| founded. Interestingly enough, the concept of | | | | removed from the framing of the constitution |
| judicial review was well ingrained in United States | | | | itself. Through this, many people had a very |
| law by the early eighteen hundreds, and the | | | | distinct respect for those men who constructed |
| landmark case of Marbury v. Madison was not a | | | | the constitution, and it was not up to great |
| case that stirred particular controversy amongst | | | | amount of interpretation because many of the |
| the politics of the time. However, it stands as | | | | men who had helped construct it were still alive |
| the first case in which the Supreme Court ruled | | | | and could interpret it effectively. The constitution |
| an act of legislature unconstitutional by law, and | | | | is the single most important document relating to |
| thus void. To understand the importance of this | | | | any governmental system. Without a |
| particular landmark case, one must first attempt | | | | constitution, a country has no effective foundation |
| to understand that the concept of judicial review | | | | upon which to govern, and effectively the |
| at the time had gone relatively unexercised at a | | | | country is doomed without direction. The |
| federal level of government. Though it was | | | | constitution provides the basic outline for the |
| accepted that the principle existed, as it was | | | | principles on which the government was intended |
| expounded upo0n in the Federalist 78 by | | | | to be run, and as such, acts as the final authority |
| Alexander Hamilton, Chief Justice John Marshall | | | | on the correctness of any laws passed by |
| attempted to exercise the application in a way | | | | legislation. The constitution holds ultimate |
| never seen before on any level of government to | | | | precedent over any legislation passed because it |
| date. In the case of Marbury v. Madison, the | | | | outlines many of the things that can and cannot |
| court ruled that an act of legislature was | | | | be legislated. If the constitution effectively took |
| inherently unconstitutional, and as a result, | | | | a backseat to every bill that was passed by |
| prevented Marbury from receiving his | | | | congress, it would cease to have any purpose at |
| appointment in the government. Marshall cited | | | | all in the government, and as a result, the |
| that it was distinctly the responsibility of the | | | | government itself would be effectively |
| courts to challenge whether a law retained its | | | | destroyed. Marshall understood this basic principle |
| constitutionality or not in the federal | | | | of government, and chose to extrapolate on it in |
| government. He asserted that the Supreme | | | | his decision of Marbury v. Madison. The idea that |
| Court is the primary body of government that | | | | the constitution is the ultimate authority of the |
| holds the ability to challenge this in any effective | | | | country falls directly in line with the notion of |
| way. Marshall also claimed that the constitution | | | | judicial review for constitutional and |
| of the United States was inherently superior to | | | | unconstitutional laws. If the courts did not |
| any act of ordinary legislature, stating that the | | | | reserve the right to independently protect the |
| value of the constitution as a document is infallible | | | | constitution, the constitution would essentially |
| because it is the essential foundation of the | | | | become an entirely meaningless document, and in |
| country, and should be the final determiner of any | | | | the process, the entire government would be |
| legality in the state’s legal process. | | | | destroyed. |
| Chief Justice John Marshall began his verdict by | | | | |
| acknowledging that although all the branches of | | | | Judicial review has long been one of the most |
| the United States government take oaths to | | | | distinctive traits of the United States |
| uphold the constitution above all other political | | | | governmental system. The notion that the |
| principles, that the courts retain the primary | | | | entire government is subject to review by the |
| responsibility to challenge any law that appeared | | | | independent entity of the courts is one that was |
| to contradict the nature of the constitution and its | | | | entirely revolutionary when it was introduced |
| intentions. Marshall was a firm believer in the | | | | through the United States constitution. Through |
| power of the courts to uphold the law above all | | | | this responsibility, the courts are often the |
| other acting bodies of government. He held this | | | | ultimate line of defense when the constitutionality |
| belief for several reasons. When one observes | | | | of a piece of legislation is challenged. John |
| that the other bodies of government, the | | | | Marshall fully understood the importance of this |
| legislature and the executive branch, one must | | | | when he delivered his decision regarding Marbury |
| distinctly understand that these bodies of | | | | v. Madison, in which the first legislation passed by |
| government hold other responsibilities aside from | | | | congress was overturned by the courts due to |
| the responsibility of the constitution itself. Many | | | | issues with constitutionality. Marshall asserted in |
| people believe that these two branches of | | | | his decision that though the executive and |
| government hold a distinct responsibility to their | | | | legislative branches of government both hold |
| constituents and their electorate body, and | | | | distinctive responsibilities to adhere to the |
| through this, have an obligation to pass laws | | | | constitution, the courts are ultimately the great |
| relating to the benefits of those who elected | | | | deciders of controversial issues because their |
| them. Although these bodies of government do | | | | responsibility is solely to the constitution, and not |
| have a responsibility to the constitution, it is not | | | | to constituents and other outside influences. |
| their only responsibility, and as such, the courts | | | | Marshall also supported the claim that the |
| stand alone as the only independent body of | | | | constitution of the United States itself holds |
| government in the United States. Since the | | | | distinct precedent over any legislation passed by |
| courts are not subject to election, their sole | | | | congress. He claims that the constitution, as the |
| responsibility is to uphold the founding principles of | | | | ultimate authority of the land, must have the |
| the constitution as they are applied to the levels | | | | ability overrule any legislation passed in conflict to |
| of local, state, and federal government. In this | | | | it, otherwise, the document itself becomes |
| way, it is easy to understand why Marshall | | | | entirely purposeless. One of the most important |
| claimed that the courts have the primary | | | | cases in the history of the United States, Marbury |
| obligation to review any controversial law in the | | | | v. Madison showed the might of the courts |
| United States government. In essence, the | | | | system in determining the constitutionality of |
| executive and legislative branches of government | | | | legislation. Though this is the first time such a |
| are bound to their constituents in obligation, | | | | thing occurred in United States history, it would |
| whether this practice is correct or not. The | | | | not be the last, and set the precedent for courts |
| courts, however, are bound to nothing save the | | | | to alter the very direction of the United States |
| law itself, and through this maintain the first | | | | for centuries to come. |
| responsibility in protecting the integrity of the law | | | | |
