Judicial Review: The Power Of Judicial Review

“Article III of the U.S. Constitution describes the powers and obligations of the judicial branch, but not the power of the courts to review actions of the legislative and executive branches or declare possible actions unconstitutional,” (The Power of Judicial Review). This power was established by the decision in Marbury v. Madison and became known as judicial review (The Power of Judicial Review). Judicial review is the power to review and overturn acts of Congress, the executive branch and the states if the Court finds that these actions are unconstitutional. Namely, it gives the Supreme Court the ultimate power to interpret the Constitution. (Lecture Notes) When Thomas Jefferson took office, William Marbury was denied the position

“Congress passed the Judiciary Act of 1789, which laid the foundation for the current U.S. national judicial system by creating a complex three-tier system of federal courts,” (Neubauer 53). U.S. Supreme Court is at the top, consisting of a chief justice and five associate justices, 13 district courts at the base, each presided over by a district judge (Neubauer 53). In the middle was a circuit court in every district, each composed of two Supreme Court justices, who rode the circuit, and one district court judge (Neubauer 53). It is known that, “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish,” (Neubauer 52). It is stated in Marbury v. Madison that, “The power remains to the legislature, to assign original jurisdiction to that court in other cases than those specified in the article which has been recited; provided those cases belong to the judicial power of the United States,” (Marbury v. Madison). Ultimately, Marbury v. Madison declares that “the power of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written,” (Marbury v.