Presentation on theme: "29 G… SHAWTY!!! Concept of Judicial Review BY: Joshua Alexander “JJ Tha Jetplane” Jackson."— Presentation transcript:
29 G… SHAWTY!!! Concept of Judicial Review BY: Joshua Alexander “JJ Tha Jetplane” Jackson
The Greatest American of All TIME!!! THE FIRST PRESIDENT OF THE UNITED STATES OF A… JOHN HANSON
Judicial Review Stands as the basic principle of the Checks and Balances system It is a POWER of the Federal Court system!!! The power of courts to determine whether what government does is in accord with what the Constitution provides
In other words; in conclusion; to sum it all up; To get down to the Nitty Gritty It is the power of the Federal Court System to determine the constitutionality of a governmental action at any level, federal, state, or local.
Continued… Judicial Review is the power to declare a governmental action found to violate some provision in the constitution unconstitutional!!!
What You Know Know Good??? This so called power of Judicial Review is held by all Federal courts and by most State courts. To be quite Frank…the Power is within all courts of record
But Hold the Phone… The ultimate exercise of that power rests with the Supreme Court of the U.S. of A… This makes the Supreme Court the FINAL Authority of the interpretation of the Constitution
Marbury V. Madison This was the first case to assert the Power of Judicial Review in 1803 Thomas Jefferson (Democratic Republican) had just won Presidency and controlled both houses The Federalist tried to pack the Judiciary with Loyal party members New judgeships were created in 1801 and John Adams filled them with Federalist
Marbury was appointed to one of the seats on March 3 rd, 1801 the last day President Adams was in office Jefferson discovered that the commissions had not yet been delivered Jefferson had Madison, who was the Secretary of State not deliver the commissions Marbury went to the Supreme Court demanding the commission
Marshall (Chief Justice) refused Marbury’s request saying the Judiciary Act violated Article III section 2; therefore it declared unconstitutional This case established the power of Judicial Review and the power of the S.C. to determine constitutionality of government actions