Juidical Review

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Juidical Review

    In 1717, Bishop Hoadly told King George I, "Whoever hath an absolute authority to interpret written or spoken laws; it is he who is truly the lawgiver to all intents and purposes and not the person who wrote or spoke them (Pollack, 153)." Early sentiments similar these have blossomed in to a large scale debate over which branch of our government has the power to overturn laws that do not follow the foundations of our democratic system; the constitution. In this paper I will discuss the history of judicial review in respect to the U.S. Supreme Court, but more importantly, I will discuss the impact that judicial review has had on the Supreme Court and our system of government and the various arguments behind this power that the Supreme Court now possesses.
    The first instance that the Supreme Court showed its power under the cloak of judicial review was in the legendary case of Marbury v. Madison. In the confusion of leaving office, President John Adams failed to have delivered four commissions which he had made before having to surrender his power to Thomas Jefferson. In fact, the responsibility of delivering the commissions was left in the hands of John Marshall, the former Secretary of State under Adams, who was now the chief justice of the Supreme Court. When Jefferson took office, he refused to have the commissions delivered, and the case was filed by Marbury and the three other marshals that failed to receive their commissions. As the Chief Ju...

Submitted by: digitalessays
Date Submitted: 04-22-01 5:39pm
Category: Politics
Words: 2128
Pages: 8.51