Define judicial review and explain John Marshall’s role in establishing judicial review.


Answer: Judicial review is a power the courts have to declare that a federal or state law violates the Constitution thereby nullifying the law making it enforceable. Just before President Adams left office he appointed new justices of the peace for Washington D.C., Jefferson, the next President refused to deliver the commissions.  This led to the case Marbury vs Madison.  The basis of the case was that the Judiciary Act of 1789 allowed for the appointed to request a court order to grant their appointments with original jurisdiction given to the Supreme Court. John Marshall saw that siding with Jefferson would make it seem like the Supreme Court was his lackey.  If they sided with Adams, there was no way to make Jefferson enforce the ruling.  Both decisions would reduce the Supreme Court's legitimacy. John Marshall side-stepped this problem by striking down the Judiciary Act on the grounds that it was unconstitutional. This was the establishment of judicial review, a Supreme Court power that was only hinted at in the Constitution.