When Thomas Jefferson took office, he ordered his Secretary of State, James Madison, not to deliver them. Yet, it stands as one of the most defining and controversial features of American government.
Constitutional Basis For Judicial Review Origin: Tracing the Legal Foundation
Thinkers like John Locke argued that government derived its power from the consent of the governed and was bound by a social contract. In doing so, he articulated the core principle: it is the solemn duty of the judicial department to say what the law is, and if a law conflicts with the Constitution, the Constitution must prevail.
When Parliament passed laws like the Stamp Act, the colonists saw them not as supreme edicts, but as overreaches that violated their inherent rights as Englishmen and the terms of their charters. The case arose from a political dispute: outgoing President John Adams appointed several "midnight judges" in the final hours of his administration, but some commissions were not delivered.
Constitutional Basis For Judicial Review Origin
Therefore, Marshall declared that the Judiciary Act's provision allowing it was void. The Political Context of the American Colonies In the American colonies, the relationship with the British Parliament became a flashpoint for these philosophical debates.
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