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What is Judicial Review? 👨🏽‍⚖️

  • Judicial review is the power of the Supreme Court to review the laws that are put forth by the President and Congress to determine if they are constitutional.
  • It ensures the power of checks and balances in the US Government remains equal. 

Background of Judicial Review: Marbury v. Madison 📖

On February 13, 1801, Federalist President John Adams was leaving office and decided to sign the Judiciary Act of 1801 that restructured the federal court system. This act appointed 16 Federalist affiliated judges to control the new court system. 

  • Trouble began when new Anti-Federalist President Thomas Jefferson’s Secretary of State, James Madison, refused to give work to the new judges. 
  • Trouble began when new Anti-Federalist President Thomas Jefferson’s Secretary of State, James Madison refused to give work to the new judges. 
  • Marbury asked the Supreme Court to issue a writ of mandamus that ordered for the work to be brought to the new judges. 
  • Chief Justice of the Supreme Court, John Marshall, ruled that the portion of the Judiciary Act of 1789 allowing for writs of mandamus was unconstitutional.

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