Judicial Review, Marbury V. Maidson

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Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Judiciary is the system of courts that interprets, and applies the law, in the name of the state or federal government. A court with judicial review power, may invalidate government laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers, so no one branch of government can accumulate too much power. The power of the judiciary is to supervise the legislative and executive branches, with their job being to review the law, and interpret the constitution. If an action is unconstitutional, the justices’ job, during judicial review, is to pass judgment on the constitutionality of what our elected representatives have decided. The judicial review was not established until 1803 after a case heard by the United States Supreme Court, under Chief Justice John Marshall, Marbury V. Madison. During the election of 1800, John Adams, Federalist, was not re-elected and was beat by Thomas Jefferson, Democratic-Republican. This left John Adams in a lame duck session. This is when an elected official, who has not been re-elected, but continues to serve until their present term of office is expired, and during this time, may still make and sign laws. During this lame duck session, John Adams proposed, and Congress passed the Judiciary Act of 1801, in an attempt to stymie the incoming Democratic-Republican Congress and administration. This act modified the Judiciary Act of 1789 in establishing ten new district courts, expanding the number of circuit courts from three to six, and adding additional judges to each circuit. The act also reduced the number of Supreme Court justices from six to five, effective upon the next vacancy in the Court.

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