The power of judicial review, the authority of courts to invalidate laws and executive actions that conflict with a constitution, is not explicitly mentioned in the founding documents of the United States. The Logic and Implications of the Decision 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.
Federalist Papers On Judicial Review: The Constitutional Basis Explained
Chief Justice John Marshall faced a dilemma: if the Court ordered Madison to act and the President ignored it, the Court would look powerless; if the Court did nothing, it would appear complicit. Article III, which defines the Supreme Court's jurisdiction, does not explicitly grant it the power to issue writs of mandamus in such cases.
Colonists argued that Parliament had no right to tax them without representation, a stance that implicitly questioned Parliament's absolute authority. Yet, it stands as one of the most defining and controversial features of American government.
Federalist Papers On Judicial Review: The Constitutional Basis for Judicial Authority
This idea that a higher law—a constitution—should govern the actions of the legislature was a radical but crucial shift from the doctrine of parliamentary supremacy, which held that the legislature's will was absolute and could not be questioned by the courts. Therefore, Marshall declared that the Judiciary Act's provision allowing it was void.
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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.
