The Importance Of Madison Vs. Marbury

The Importance of Madison v. Marbury
Judicial review is a power within the federal government, which allows the Supreme Court to declare the acts of the executive branch and legislative branch unconstitutional. Through the Supreme Court's decision regarding the case of Marbury v. Madison, the doctrine of judicial review was declared (Haas). This act further established the efficiency of the checks and balances system between the branches of the government by extending the judicial branches legislative and executive power. The final decision of Madison vs. Marbury further establishes its importance through its appearance in court cases which followed the Supreme Court's decision after 1803, such as: Brown v. Board of education, Gideon v. Wainwright,
Board of Education the city of Kansas had many complications due to segregation of schools being legal. Schools such as the South Park Elementary School were being sought by African Americans over the only African American school available to them, Walker Elementary (Davis et al. 332). Parents began to attend the board meetings of South Park School to argue for a better education for their children. Many pushed for their child to go to the predominately white school because at Walker School there were only two classrooms with only one certified teacher and a total of 44 students (333). While in contrast, South Park Elementary had newly constructed facilities and a lunch service (333). After being refused for admittance into South Park School, Esther Brown and other parents decided to sue the school district in 1948 and in 1949 with the help of the National Association for the Advancement of Colored People, the students were able to enroll at South Park Elementary (343). Furthermore, the effect of this decision in Kansas allows the 7.2% African American children in the school district in Kansas today, to be equally offered the same as other ethnicities (345). Through the establishment of judicial review the case of Brown v. Board of Education was able to form changes, which allowed African Americans to be taught in a proper environment across the United States and not just in
Therefore, once Jane Roe decided she could not afford to keep her child due to her economic status so she willed to terminate her pregnancy (Seward). However, at the time it was illegal for women to seek the process of abortion without life threatening cause in Texas. As a result, Roe decided to file a lawsuit against the Dallas County District to revoke the abortion law; however, the first court hearing lacked proper arguments by Roe’s attorney (Seward). Despite the first case made for the cause, in 1973 the Supreme Court declared the right of abortion as being implied by the fourteenth amendment and women could now terminate pregnancies during the first trimester in all states (Seward). In order for women to receive their full rights of privacy judicial review was needed, because without judicial review the Supreme Court would have never been able to interfere in the federal court case and overrule the previous anti-abortion