Judicial Review: The Case Of Marbury V. Madison In 1803

Judicial review is the ability of the supreme court to limit congressional power by declaring legislation unconstitutional. This idea of judicial review is very important to the court by defining its very role in the legal system of the United States as well as giving it the power to check the other branches of government and keep the balance of power between everyone neutral. The case of Marbury V Madison in 1803 granted the right of judicial review to the Supreme Court giving the courts their first real power grab because up until that point the federal Supreme Court didn’t have much power and any say within the government. This judicial review is so important to the Supreme Court because it gives the courts the very power and duty to question
The process starts when a case at the lower district courts gets appealed so many times that it makes its way up to the top of the court system where the only other option to appeal to is the Supreme Court. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case.
The courts only try actual cases and controversies a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each
It is the Court’s custom and practice to “grant cert” if four of the nine Justices decide that they should hear the case. Of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150. These are typically cases that the Court considers sufficiently important to require their review
If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or “friends of the court.” Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Justices then hold private conferences, make their decision, and issue the Court’s opinion, along with any dissenting arguments that may have been