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questions: judicial review
1 what is judicial review?
2 where did the power of judicial review come from?
3 what situation led to marbury vs. madison?
4 what is a writ of mandamus?
5 why did the court rule against marbury?
6 who presided over marbury vs. madison as chief justice?
7 how long was it after marbury vs. madison that the supreme court exercised its right of judicial review again?
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- Judicial review is the power of courts to review laws, executive actions, and government acts to determine if they are constitutional.
- It was established in the U.S. via the 1803 Marbury v. Madison Supreme Court decision.
- President John Adams appointed "midnight judges" including William Marbury; President Thomas Jefferson's administration refused to deliver Marbury's commission, so Marbury sued.
- A writ of mandamus is a court order compelling a government official to perform their official legal duties.
- The Court ruled that while Marbury had a right to the commission, the section of the Judiciary Act of 1789 that allowed him to sue in the Supreme Court was unconstitutional.
- John Marshall
- 54 years (until 1857's Dred Scott v. Sandford)