The Dangers of Judicial Review
This case in the year 1803 is the first time the U.S. Supreme Court over powered the other two branches of government. Thomas Jefferson warned about “Judicial Review” multiple times. Marbury was actually his cousin. In Pennsylvania, judicial review was invoked to repeal the Opening Meeting Laws, exempting them from public and legislative control.
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
What we are seeing is state-side supreme courts overpower state branches of government- which has destroyed the balance of democracy – and not provided independent branches – as they lawyers claim. Supreme Court Justices are generally not elected officials – and serve lengthy or life time terms.
You can read more about this landmark case at PBS.org here:
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