Topic > The Power of Judicial Review - 1111

The late 1700s and early 1800s were a time full of expansion and innovation for the United States of America. The country was becoming larger, both in population and geographic size, and the government was also becoming more powerful. This occurred because of the new Constitution that went into effect in 1787 which replaced the Articles of Confederation and took most of the power away from the individual states and gave it to the federal government. When the Constitution was ratified, both Brutus (believed to be Robert Yates) and Alexander Hamilton were engaged in a debate over the potential power of the federal government and, more specifically, the power of the Supreme Court in Federalist 78 and the Eleventh and Fourth chapter of Brutus. twelfth letter. Alexander Hamilton supported the proposed system and expressed his belief that the judiciary in no way has too much power. Brutus was more concerned that the court would simply side with the government and would therefore have too much power over the states. In 1803 one of the most important cases ever to come to the Court, Marbury v. Madison. This case wasn't directly about the power of the court, but, like most Supreme Court cases, it turned into a debate about something more crucial. Reading John Marshall's opinion on Marbury v. Madison, it is evident that Brutus originally had a better idea of ​​the power of the Supreme Court due to his overwhelming wisdom and excellent foresight on what the judiciary would eventually become. In Brutus XI and XII, Brutus wanted to express a widely held concern about the power of the judicial arm of government. Both the Constitution and the Federalists had a great deal to say about the executive and legislative branches, but... middle of the paper... that Congress had no power to change original jurisdiction, thus finding the law on judiciary is unconstitutional. In this case the problem of judicial review arises here. Marshall found an act of congress unconstitutional and declared it null and void. This meant that Marbury, in addition to the rest of the justices and justices added by Adams, never had the right to be in the position he was in, and thus Madison did not have to issue their commissions. Brutus' concerns in his eleventh and twelfth letters are very similar to the circumstances that existed at the time of Marbury v. Madison. While the case limited the court's power to some extent, it established the much broader and more significant power of judicial review. Marshall said it is the duty of the judiciary to decide what the law is and resolve any conflict between two laws.