Review Marshall
How was Marshall's view of Judicial Review different than Jefferson's?
"Who should make the final decision on interpreting the Constitution? The Supreme Court in the case of Marbury v. Madison, which was decided during the first term of President Thomas Jefferson, determined that IT should make the final decision for all branches of government, and that opinion has remained in force ever since. Jefferson, however, strongly opposed Judicial Review because he thought it violated the principle of separation of powers. He proposed that each branch of government decide constitutional questions for itself, only being responsible for their decisions to the voters." http://etext.virginia.edu/jefferson/quotations/jeff1030.htm
"The decision in Marbury's case, written by Chief Justice John Marshall (the very same John Marshall who affixed the seal to Marbury's commission--talk about a conflict of interest!) established and justified the power of judicial review. It is the first case read by virtually every first-year law student and is generally considered the greatest of all landmark cases. Marshall strained to reach his result. The plain words of Section 13 of the Judiciary Act indicate that Marbury went to the wrong court or invoked the wrong statute (or both), but Marshall proceeded as if the suit were authorized by Section 13 and then declared the statute unconstitutional on the grounds that it purported to expand the Court's original jurisdiction in violation of Article III. Marbury's suit was dismissed for lack of jurisdiction. Marshall's decision--brilliant in its conception--allowed the Court to brand Jefferson a violator of civil rights without issuing an order that the President could have ignored." http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
"In this letter to Spencer Roane (1762–1822), a judge on the Virginia Court of Appeals, Thomas Jefferson cautions that the Supreme Court’s power to determine constitutionality must be curbed or it will continue to consolidate the power of the federal government. Jefferson argued that the judiciary’s independence from the will of the people upsets the checks and balances established by the Constitution." http://www.myloc.gov/Exhibitions/creatingtheus/Constitution/ConstitutionLegacy/ExhibitObjects/JeffersonThinksSupremeCourtsControlMustBeLimited.aspx
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