Chapter 21

Null and void

A law that may not be enforced, because it is unconstitutional. Opinion of the Court- The courts decision and the reasoning behind the decision.

Marbury vs. Madison

Decided in 1803, the last few weeks John Adams was in office he appointed a number of people to office. The papers had not been delivered to all the appointees before the next president was elected. When Thomas Jefferson took office he told his Secretary of State not to deliver the old appointments.

What was the case of Marbury v. Madison? How did the U.S. Supreme court decide this case?

Decided in 1803, the last few weeks John Adams was in office he appointed a number of people to office. The papers had not been delivered to all the appointees before the next president was elected. When Thomas Jefferson took office he told his Secretary of State not to deliver the old appointments. William Marbury was one of the people that did not get his job. He felt that he had the right to have his job. Marbury took his case directly to the U.S. Supreme court, because he stated he had the right. The Court ruled that Marbury did have the right to his job, but part of the judiciary Act that gave Marbury the right to take his case directly to the U.S. Supreme Court was unconstitutional. The Constitution had placed limits on the cases that could go directly to the U.S. Supreme Court. Marbury's case did not fits within the limits. Congress had changed the Constitution when it passed that part of the judiciary act. Congress by itself does not have the power to change the Constitution. So the section of the judiciary At that increased the Court's power was ruled unconstitutional. By declaring the part of the law passed by Congress unconstitutional, the U.S. Supreme Court assumed the power of judicial review over the legislative and executive branches. Marshall stated that the U.S. Supreme court has to be able to strike down on these acts, otherwise there would be no effective way to limit the powers of Congress. Since the case the U.S. Supreme Court has exercised the power of judicial review over the federal government.

How does judicial review apply to the laws passed by state governments?

It apply to state laws because if a state law violates the U.S. Constitution, federal laws, or treaties, which are the law of the land, then they cannot be put into effect. For example Virginia had made a law that its citizens didn't have to pay their debt to Britain, but it violated the treaty America had with Britain. So the law was null and void, and was not put into effect.

Opinion of the Court

It is the courts decision and reasoning behind the decision.

Judicial Review

It is the power of the courts to decide whether laws and actions of government are allowed under the Constitution.

How might judicial review override the will of the majority?

It might override majority because, if the Congress votes in majority for a bill and they want to pass it. The judiciary Act can state that the law in null and void and then the law can't be enacted.

How does judicial review protect the rights of the people?

It protects the rights of the people because it keeps the legislative and executive branches from giving themselves too much power. If they had to much power then we wouldn't have a constitutional government. The rights of the people would be in danger. They can declare any law that violates the people's rights unconstitutional.

Why was Marbury v. Madison such an important case?

It showed how the U.S. Supreme Court has the power to exercise the power of judicial review over the legislative and executive branches.

What is judicial review?

The power of the courts to decide whether laws and actions of government are allowed under the Constitution.