How did the Marshall Court expand the power of the Supreme Court to create an independent co-equal brand of?

How did the Marshall Court expand the power of the Supreme Court to create an independent co-equal brand of the United States Government?

That would be co-equal Branch of government.

The key case is Marbury V Madison. Rather than deciding a case based on the written law, the Court for the first time decided a case based on the constitutionality of the law. There is no explicit purview of the court to decide if laws themselves are legal, but it is the purview to interpret the law. This case extended that interpretation to testing if a law violated any of the articles, clauses or amendments of the Constitution.

The constitution is meaningless if congress can pass and enforce laws that violate its clauses. So the power of the court to review law for constitutionality was established with this case and has endured. Until this precedent the judiciary did not play on the same level as the Executive or Legislative:
The president has veto power, the legislative has veto override power. Both the president and the senate control who sits on the judiciary. And since 1803, the judiciary has the power to nullify law in violation of the constitution. All three branches have checks on the other 2, so there is balance

Post Author: mark

1 thought on “How did the Marshall Court expand the power of the Supreme Court to create an independent co-equal brand of?

    jehen

    (February 17, 2010 - 6:07 pm)

    That would be co-equal Branch of government.

    The key case is Marbury V Madison. Rather than deciding a case based on the written law, the Court for the first time decided a case based on the constitutionality of the law. There is no explicit purview of the court to decide if laws themselves are legal, but it is the purview to interpret the law. This case extended that interpretation to testing if a law violated any of the articles, clauses or amendments of the Constitution.

    The constitution is meaningless if congress can pass and enforce laws that violate its clauses. So the power of the court to review law for constitutionality was established with this case and has endured. Until this precedent the judiciary did not play on the same level as the Executive or Legislative:
    The president has veto power, the legislative has veto override power. Both the president and the senate control who sits on the judiciary. And since 1803, the judiciary has the power to nullify law in violation of the constitution. All three branches have checks on the other 2, so there is balance
    References :

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