Judicial Review

Paper Summary:

In this article, the writer notes that no doubt exists regarding the significance given to the complete and thorough understanding of the judicial review process. The writer points out that this process has been treated by many originalists as one of the most decisive, if not the key factor in the Marbury vs. Madison case. The writer maintains that over the years, reviews, analyses and answers given by the various jurists and researchers have varied considerably. With such contrasting views about the Marbury vs. Madison case, the writer states that it is important that one thoroughly studies judicial review in the light of the events, which unfolded before and after the Marbury vs. Madison case. The paper attempts to analyze the chain of events, which lead to the Marbury vs. Madison case and the impact of this case on the issue of judicial review.

Outline:
Introduction
The Review of Marbury v. Madison
Discussion and Conclusion
References

From the Paper:

"Clinton reveals that this newborn concept of democracy had been on shaky grounds because of the 1800 elections since there had been clear uncertainty of the transfer of power between the opposing parties. In addition, there existed evident mistrust between the two parties and the federalists strenuously believed that the future of the Untied States would be jeopardized under the Republican rule; and therefore, they had been attempting to avoid such a situation by opposing and causing problems for any Republican take over."
"One of the loopholes, Clinton writes, along with the complete un-identification of political parties, had been that the new government could not appoint a fresh Congress till almost half a year after it took Office because of the haphazard way in which the constitution's timetable had been set. Hence, the Congress had been in control of the Federalists till the 3rd on March 1801, even though they had not been the ruling party."

Sample of Sources Used:

• Clinton, Robert L. (1989). Marbury v. Madison and judicial review. University Press of Kansas. Taken from: http://library.uh.edu
• Clinton, Robert Lowry. (1994). Game Theory, Legal History, and the Origins of Judicial Review: A Revisionist Analysis of Marbury v. Madison. American Journal of Political Science. 38, 2, pp. 285-302. Taken from: www.jstor.com
• Dewey, Donald O. (1970). Marshall versus Jefferson: The political background of Marbury vs. Madison. Knopf Publications. Taken from: http://library.uh.edu
• Dorf, Michael C. (2004). Constitutional law stories. Foundation Press. Taken from: http://library.uh.edu
• Kahn, Paul W. (2002). The reign of law: Marbury v. Madison and the construction of America. Yale University Press. Taken from: http://library.uh.edu

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