How does Marbury v. Madison enhance the system of checks and balances?
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Marbury v. Madison enhanced the system of checks and balances by giving the Supreme Court (judicial branch) a very strong check on the actions of the Congress (legislative branch).
The Constitution itself did not give the Supreme Court the power of judicial review. It was silent on the issue of who would determine whether a law passed by Congress was consistent with the Constitution. In Marbury, the Supreme Court took this power for itself. By doing so, it gave itself a way to overrule the actions of Congress. This created another strong check by one branch over another and enhanced the overall system of checks and balances.
Marbury v Madison had a significant influence on the system of checks and balances applied on the federal and state governments. Through validation of the third article as contained in America’s constitution, the Marshall Court gave the Supreme Court the highest level of judicial power. Marshall ruled that the Supreme Court had the ultimate power to interpret the constitution as well as decide whether the acts of the other two arms of government were contrary to constitutional provisions or not.
In other words, Marbury v Madison initiated the principle of judicial review that gave the court the mandate to regulate the power of the executive and legislature. The court would regulate the power of the other two arms of government by preventing them from passing and implementing laws that infringe on the constitutional rights of the citizens. In fact, in 1803 for the first time, the Supreme Court declared an act of Congress unconstitutional.
It gave the Supreme Court the power of judicial review.
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