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Marbury vs. Madison, Judicial Review, and The Constitution
Title: Marbury vs. Madison, Judicial Review, and The Constitution
Category: Law & Government / Government & Politics
Details: Words: 1284 | Pages: 5.5 (approximately 235 words/page)
Marbury vs. Madison, Judicial Review, and The Constitution
The Judiciary occupies the third branch of government and possesses the authority to declare acts of Congress and the President unconstitutional. The power of judicial review derives not from the Constitution, which contains no explicit reference to this authority, but from a series of cases dating back to the late 1700s. The case most frequently cited in connection with judicial review is the Supreme Court’s 1803 decision in Marbury versus Madison. It declares part of …showed first 75 words of 1284 total…
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…showed last 75 words of 1284 total…rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Chief Justice Marshall expressed the challenge which the Supreme Court faces in maintaining free government by noting: "We must never forget that it is a constitution we are expounding . . . intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs."
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