The Evolution of Judicial Review- How Courts Gained the Power to Overturn Legislation

How did the courts get the power of judicial review?

The power of judicial review is a fundamental aspect of the American legal system, allowing the courts to strike down laws and executive actions that they find unconstitutional. This power has evolved over time, with its origins deeply rooted in the principles of the U.S. Constitution and the interpretation of its provisions. This article explores the historical development of judicial review and the factors that contributed to the courts’ acquisition of this significant authority.

The concept of judicial review did not emerge from a single event or decision but rather developed through a series of key events and Supreme Court cases. One of the earliest instances of judicial review can be traced back to the landmark case of Marbury v. Madison (1803), in which Chief Justice John Marshall established the principle that the Supreme Court has the authority to declare a law unconstitutional.

Marbury v. Madison was a case involving the appointment of judges by outgoing President John Adams and their subsequent confirmation by incoming President Thomas Jefferson. William Marbury, one of the newly appointed judges, filed a mandamus, or a court order, to compel the new Secretary of State, James Madison, to deliver his commission. The Supreme Court ruled that the commission was valid but that the mandamus was not, as the Supreme Court did not have the authority to issue such an order.

In his opinion, Chief Justice Marshall stated that “it is emphatically the province and duty of the judicial department to say what the law is.” This statement laid the groundwork for the principle of judicial review, asserting that the courts have the power to interpret the Constitution and invalidate laws that are in conflict with it.

The second major case that contributed to the expansion of judicial review was McCulloch v. Maryland (1819). In this case, the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of the Constitution, which allowed it to establish a national bank. The Court also held that states could not tax the national bank, as this would interfere with its operations. This decision reinforced the principle that the federal government’s powers are supreme over those of the states and that the courts have the authority to interpret the scope of these powers.

Over the years, the power of judicial review has been further solidified through various Supreme Court decisions. For example, in Dred Scott v. Sandford (1857), the Court declared the Missouri Compromise of 1820 unconstitutional, leading to the expansion of slavery in the United States. Although this decision was later overturned by the Thirteenth and Fourteenth Amendments, it highlighted the extent to which the courts could influence the interpretation of the Constitution.

In more recent times, the Supreme Court has continued to assert its power of judicial review in cases such as Brown v. Board of Education (1954), which declared state laws establishing racial segregation in public schools unconstitutional. This landmark decision helped to dismantle the legal framework of segregation and contributed to the civil rights movement.

In conclusion, the power of judicial review has evolved through a series of Supreme Court decisions, starting with Marbury v. Madison and McCulloch v. Maryland. These cases, among others, have established the principle that the courts have the authority to interpret the Constitution and invalidate laws that are in conflict with it. This power has become an essential component of the American legal system, ensuring that the Constitution remains the supreme law of the land.