They viewed their colonial charters as foundational legal documents that granted rights and established governance. Colonists argued that Parliament had no right to tax them without representation, a stance that implicitly questioned Parliament's absolute authority.
Early Precedents Leading to the Establishment of Judicial Review
Thinkers like John Locke argued that government derived its power from the consent of the governed and was bound by a social contract. When Thomas Jefferson took office, he ordered his Secretary of State, James Madison, not to deliver them.
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. 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.
Early Precedents Shaping the Doctrine of Judicial Review
William Marbury, one of the appointees, petitioned the Supreme Court to issue a writ of mandamus to compel Madison to act. Madison: The Foundational Case The power of judicial review was definitively established in the United States by the Supreme Court's decision in Marbury v.
More About Where did the power of judicial review come from
Looking at Where did the power of judicial review come from from another angle can help expand the discussion and give readers a second clear paragraph under the same section.
More perspective on Where did the power of judicial review come from can make the topic easier to follow by connecting earlier points with a few simple takeaways.
