Midterm Essay Exam

Midterm Essay Exam

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Kaplan University

Judicial review originated from the court case Marbury v. Madison, prior to President John Adams, William Marbury was appointed justice of the peace for the District of Columbia. The president after Adams was Thomas Jefferson. The secretary of state John Madison would not accept Marbury’s position. The case went to the Supreme Court where Marbury demanded his position be recognized (Harr & Hess, 2008).

Chief Justice Johns Marshall stated that the Supreme Court had the authority to affirm an Act of Congress unconstitutional. Since it is the Supreme Court’s responsibility to overturn unconstitutional legislation, and being the Court’s duty to support the constitution, Chief Justice Marshall established that the Supreme Court had the final authority of the Constitution. The Court denied Marbury’s instruction, since the Constitution is the law of the land; the justices are expected to follow the Constitution not the legislation. Chief Justice Marshall recognized that judges have the authority to nullify any law, if they see that it violates the Constitution (Harr & Hess, 2008).

Judicial review is the most important power of the judicial branch; it is the ability of the courts to review law important to a case under review and to decide whether the law is constitutional. It is the power of a court to review a decision of other governments and lower courts. In the beginning, the Supreme Court did not review state decisions. Judicial review is seen as a necessity in courts and the power of state and federal law does not belong solely to the United States Supreme Court (“Judicial Review, 2009).

The three branches of the federal government are legislative, executive and judicial. The legislative branch is expressed through congress. It serves as a law making frame for the United States Government and is responsible for several operations such as creating bills and passing them, only branch to make new laws...