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The Controversy over Judicial Review

: The Controversy over Judicial Review

The Constitution did not explicitly give the Supreme Court the power of judicial review. This power was essentially usurped by the Court in 1803, through the holding of Marbury v. Madison. In this case, the Court was asked to issue a writ of mandamus ordering President Jefferson to deliver a commission of Marbury as a justice of the peace. The commission had originally been executed by President John Adams but it had not been delivered. Jefferson wanted to give the commission to one of his own supporters and refused to deliver the commission to Marbury. Chief Justice John Marshall had been a supporter of Adams and opponent of Jefferson's. Ironically, he was also the one who forgot to deliver the commission to Marbury. Marshall was faced with the choice of issuing the writ, and watching Jefferson ignore the writ, or rejecting the application for the writ, and supporting Jefferson. Marshall did not want to provoke a confrontation with the executive branch, since the Court had no other avenue for enforcement of its decisions. Had Jefferson ignored the writ, the Court would have been permanently disabled as an independent branch of the government.

Marshall found an ingenious solution. He said that the refusal of the executive branch to deliver the commission to Marbury was illegal and that it was remediable by mandamus. He also said that the executive branch was bound to obey the laws and that a citizen had the right to seek judicial redress against executive illegality. However, he then said that the Court did not have original jurisdiction over the matter. While an act of Congress purported to give the Court original jurisdiction, the Constitution said that the Court's only jurisdiction in this situation was appellate. Since the Court had the duty to disregard unconstitutional legislation, it could only dismiss the action. Marshall had asserted the idea of judicial supremacy...

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The Controversy over Judicial Review. (1969, December 31). In LotsofEssays.com. Retrieved 19:13, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1682287.html