John Marshall and Judicial Review

From the Paper:

"12 Judicial Review and Legislative Investigation


Chief Justice John Marshall's justification for the practice of judicial review in Marbury v. Madison appealed to the writtenness of the Constitution. Judicial review is easier to justify if it is exercised with reference only to the written document.1


According to Chief Justice John Marshall, the Constitution forms the fundamental and paramount law of the nation. It follows that it is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it. It was equally plain that the judiciary must be the ultimate arbiter of what the Constitution says, for without judicial review the legislature could alter the constitution by an ordinary act. Marshall explained:..."

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