Marbury v. Madison RSS
The Supreme Court and judicial review. Where did it come from? How did it get here?
"It is emphatically the province and duty of the judicial department to say what the law is." (Chief Justice John Marshall, in Marbury v. Madison, 1803) The Supreme Court’s check of the other branches of government is the power of judicial review. This power of review did not exist until 1803 as the result of fallout and political machination by Supreme Court Justice John Marshall’s opinion during the ruling of Marbury v. Madison. This opinion set in motion that the Supreme Court had the power and the duty to determine whether or not laws passed by Congress violated the Constitution...
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