Judicial Review

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Judicial Review

The Judicial Branch is one of the three branches of government, established in the United States Constitution. The Judicial Branch is a dual court system consisting of States Courts, and the Federal Courts, each have their specific jurisdiction. The States Courts hear all cases within the State. The Federal Courts only hear cases involving a Federal issue, an appeal from a lower courts decision and cases involving diversity of citizenship. Diversity of citizenship cases involve people from different states, cases that involve a United States Citizen and a foreign government, or cases that have two states against each other. The Federal and States Courts also have specific court districts within their jurisdictions.

The Federal Courts, Supreme Court is the highest court in The United States, so all Federal And States Court must abide by their decisions. The Supreme Court checks the Legislative and Executive Branches by determining whether action taken and laws passed by Congress and the President are Constitutional. This authority is known as Judicial Review.

The first time, The Supreme Court used their power of Judicial Review to check the Legislative Branch was in 1803, in the Marbury V. Madison Case. In this case Marbury was suing Madison, for holding on to his Commission for Justice of Peace, which had been appointed to him by President John Adams, but Thomas Jefferson was inaugurated into the Presidency, before John Marshall who was acting as Secretary of the State John could deliver the commissions. Once Jefferson became President, he ordered the new Secretary of State James Madison to hold 17 of the 42 commissions for Justice of Peace appointed by John Adams, before he left office. John Marshall, now the Chief Justice of The Supreme Court, ruled in favor of Madison. Marshall claimed that Marbury’s case was unconstitutional because it was not within the Supreme Courts, original jurisdiction. Therefore, Marbury’s case was void and...
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