Marbury Vs. Madison 1803: Judicial Analysis

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“We are under the constitution, but the constitution is what the judges say it is.” Marbury Vs. Madison is important because it gave the power of Judicial Review to the Supreme Court in order to keep check on the government. This exemplifies politics by setting the foundation of the US government branches. Marbury Vs. Madison 1803 was the first Supreme Court case that enabled the power of Judicial Review to the Supreme Court. Judicial Review is the power of the judges where they can interpret the Constitution and strike down actions of other branches of the government , Executive and Legislative, if they are found to act in ways that is unconstitutional. Judicial review is very important in federal systems as it ensures that each level of…show more content…
Strict Constructionists are judges that do not believe that it is their duty to read into the Constitution all kinds of rights and freedoms that the founding fathers might have approved of. They have a strict and literal interpretation of the Constitution, a conservative interpretation. They tend to stress the rights of the citizens and states over Federal Government. These judges are more likely to be appointed by Republican Presidents. This tendency can be shown in the case of Bush vs Gore, 2000 where the court decided that there was no time for a recount in Florida, thus the election result stood. As for Loose Constructionists, they believe that it is their role to read into the Constitution the rights and freedoms which the founding fathers might well have granted in today’s world, but are not specifically mentioned in the document itself. They interpret the meaning behind the words of the Constitution. The 1973 Roe v. Wade case is a classic example. These judges have a loose and liberal interpretation of the Constitution and tend to stress the rights of Federal Government over the states.…show more content…
The fact that the role and duty of the judges are a responsibility for a lifetime suggests that the Supreme Court can play a huge role in shaping American politics, even with the change of the makeup of Congress or different Presidents. The judges are likely to uphold their view and ideology, this can affect the power of Judicial Review as the constitution is what the judges say it is. The importances of Marbury Vs. Madison has exemplified politics because it has set a foundation of the governance in America with the checks and balances and the ability to strike down laws on other branches. Also it has shaped and helped with policy formulation especially in protecting the rights of individuals and changing social policies. In recent years the Supreme Court has handed down judgements on key political issues; Rights of racial minorities, Rights of arrested people, Capital punishment, Abortion Rights, Freedom of religion, Freedom of speech, the press and of expression, Gun control and Actions of the executive branch and the president. Since the ruling of Marbury Vs. Madison was set as the right to power for the judges, till this day our rights have been protected and upheld by the Supreme Court. This protection in our Constitution suggests that the American Experience is codified and entrenched so

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