Question

Alexander Hamilton believed that judicial review would serve as protection from the abuse of power by Congress. How does Marbury v. Madison reaffirm Hamilton’s belief?

Answer 1

In 1788, in the 78th paper of “The Federalist, Alexander Hamilton argued for judicial review by an independent judiciary as a necessary means to void all governmental actions contrary to the Constitution. Marbury v. Madison 1803. Was an early Supreme Court case that affirmed the Court's power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”