How did Chief Justice John Marshall establish Judicial Review and use it to insure the Supreme Court's role as the viable third branch (along with the Executive and Legislative) in our checks and balances system?
On this question be sure to concentrate on the Federalist/Anti-Federalist debate angle.<< HELP I AM SO CONFUSED
Marshall strengthened the federal government by ruling that the Supreme Court had the power to declare an act unconstitutional.
This site has more details.
http://en.wikipedia.org/wiki/Marbury_v._Madison
To understand how Chief Justice John Marshall established judicial review and ensured the Supreme Court's role as a viable third branch, it is essential to examine the Federalist/Anti-Federalist debate angle. Here's an explanation to help clarify the concepts:
1. Federalist vs. Anti-Federalist Debate:
During the ratification period of the United States Constitution, there was a debate between the Federalists and Anti-Federalists. Federalists, like John Marshall, believed in a strong central government with broad powers. Anti-Federalists, on the other hand, were concerned about the potential for an overreaching government that might infringe on individual liberties.
2. Background on Judicial Review:
The concept of judicial review, or the power of the courts to determine the constitutionality of laws, was not explicitly mentioned in the Constitution itself. It was a theory first popularized by Alexander Hamilton in the Federalist Papers (specifically, Federalist No. 78). However, the Anti-Federalists were skeptical of this idea since it could potentially enhance the power of the federal government.
3. Marbury v. Madison (1803):
The case of Marbury v. Madison was a landmark Supreme Court case where Chief Justice John Marshall asserted the Court's power of judicial review. In this case, William Marbury had been appointed as a justice of the peace by President John Adams in the final days of his presidency. However, his commission was not delivered before Adams left office, and the new Secretary of State, James Madison, refused to deliver it. Marbury petitioned the Supreme Court to force Madison to deliver the commission.
4. John Marshall's Decision:
Chief Justice Marshall could have simply decided whether or not Marbury should receive his commission, but instead, he used the case to establish judicial review. Marshall's decision stated that while Marbury did have the right to his commission, the Court did not have the authority to enforce it because the law granting such power was unconstitutional. This decision effectively asserted the Supreme Court's power to declare federal laws unconstitutional.
5. Impact of Marshall's Decision:
By establishing judicial review, Marshall ensured that the Supreme Court could act as the final arbiter of the Constitution's meaning and determine whether laws passed by the other branches were constitutional. This decision bolstered the Court's role as a co-equal branch of government, along with the executive and legislative branches, in the system of checks and balances envisioned by the framers.
In summary, Chief Justice John Marshall's decision in Marbury v. Madison solidified the concept of judicial review and enabled the Supreme Court to assert its authority as a separate and co-equal branch of government. This decision ensured the Court's role in checking both the executive and legislative branches, ultimately shaping the balance of power in the United States.