Thinkers like John Locke argued that government derived its power from the consent of the governed and was bound by a social contract. 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.
Revolutionary War Seeds: How the Conflict Planted the Idea of Judicial Review
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. William Marbury, one of the appointees, petitioned the Supreme Court to issue a writ of mandamus to compel Madison to act.
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. This created a practical environment where the idea of a law being invalid due to a higher legal standard was not just theoretical, but a matter of urgent political survival.
Revolutionary War Ideals Paving the Way for Judicial Review
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. 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.
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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.
