<em><u>B) Judicial Review.
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<em><u>The first of his iconic cases, Justice John Marshall was instrumental in establishing the principle of ‘judicial review’, which vested with the Supreme Court of the United States with the power to determine the constitutional validity of all laws that were passed by the United States Senate or the legislature. This was called the power of ‘judicial review’. He further concluded that any law passed by the legislature would be examined for constitutional validity, and the laws which would not be found accruing to the principles of the U.S. Constitution would be deemed invalid.
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Further Explanation:
Justice John Marshall pioneered the formulation of the principle of ‘Judicial Review’ as a part of his conclusions and judgments passed on the ‘Marbury v Madison’ case, which went to the Supreme Court during 1803. President John Adams had appointed William Marbury as justice for Peace for the District of Columbia and had entrusted John Marshall with the task of handing over the charge of the Commission to Marbury. However, Marshall entrusted the handing over of documents with the next Secretary of State, James Madison, instead of accomplishing the task himself. Unfortunately, Madison was unable to carry out the task as the appointment of Marbury was opposed stiffly by the newly elected President, Thomas Jefferson, who refused to hand over the commission to Marbury, as it was drawn up by the supporters of his political adversary. Thus, Marbury reacted by challenging this decision in a lawsuit filed with the Supreme Court against the then Secretary of State, James Madison. Justice James Marshall presided over the proceedings and determined that Section 13 of the Judiciary Act of 1789, which empowered the Supreme Court to issue writs to government officials was unconstitutional. He also laid the basis of the principles of judicial review, by which the constitutional validity of all laws passed henceforth would be determined.
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Answer Details:
Level: High School, Graduation.
Chapter: The U.S. Constitution.
Subject: Political Science.
Additional Remarks:
This chapter is a part of Political Sciences and deals with the history of the American Constitution, the Constitutional Assembly, Articles and sections, Fundamental rights and duties, and Constitutional Amendments.
Keywords:
Judicial Review, Constitutional validity, Supreme Court, legislature, U.S. Constitution, Marbury v Madison case, Section 13 of Judiciary Act of 1789.
