Judicial Review

Question 1

Judicial Review

Answer 1

Gives the Court power to declare an act of a coordinate branch of the government unconstitutional.

Question 2

Marbury v. Madison (1803)(p.1)

Answer 2

a) Facts: justice of the peace appointee not appointed due to change in presidency.
b) Takeaway: formed the basis for judicial review under Article III of the Constitution.
i) (1) Held that the judiciary can tell the executive branch what to do. (2) The constitution is the higher law and federal legislation that does not comport is not law. (3) It is within the power of the US judiciary to declare acts of Congress unconstitutional because: “it is emphatically the province and duty to the judicial department to say what the law is.”
ii) J. Marshall making a statement about SCOTUS’ power, but case dismissed for lack of SMJ.
(1) Marshall had to deny P relief politically. Jefferson administration wouldn’t have complied with a court order to deliver and could seek impeachment of justices.