Marbury v. Madison (Judicial Review)!
How much power should our Courts(Judicial) , unelected, have as a balance on the elected President(Executive) or Congress(Legislative)? Is it even clear? Separation of Powers, Checks and Balances, especially in the courts, as the WEAKEST branch was not necessarily defined clearly at the Founding. Was the role of SCOTUS (Supreme Court of the United States) indeed to INTERPRET the U.S. Constitution? Including striking down Unconstitutional laws? Marbury v Madison (1803) states that the Supreme Court of the United States can deem Congressional laws signed by the President as Unconstitutional and, therefore, void. Judicial Review was established by Chief Justice John Marshall in the MOST important Constitutional decision EVER. I can get into the facts of the case later, Marbury was denied a position as a Judge under the John Adams’ Presidency a day or 2 before he left office, but Jefferson and Secretary of State John Madison refused to appoint him. John Marshall was a genius. He knew if he outright said Jefferson had to tell Madison to appoint Marbury, he wouldn’t, and the EXECUTIVE enforces the law so how could the Supreme Court gain its NOW power of Judicial Review, well, call a 1789 law passed by Congress Unconstitutional. Article VI in the Constitution has the “Supremacy Clause”! The U.S. Constitution can not be violated by ACTS of Congress! Separation of Powers was BORN!