what was the first opportunity to determine whether or not the judiciary had the power to nullify actions that violated the constitution?
What was the first opportunity to determine whether or not the judiciary had the power to nullify actions that violated the constitution?
Answer:
The first opportunity to determine whether or not the judiciary had the power to nullify actions that violated the constitution came in the landmark United States Supreme Court case of Marbury v. Madison in 1803. This case is significant because it established the principle of judicial review.
In the Marbury v. Madison case, William Marbury, who was appointed as a justice of the peace by President John Adams but did not receive his commission before the new President Thomas Jefferson took office, filed a suit asking the Supreme Court to issue a writ of mandamus to compel the new Secretary of State, James Madison, to deliver his commission. Chief Justice John Marshall, in delivering the Court’s opinion, declared that the Judiciary Act of 1789, which Marbury was relying on to bring his case directly to the Supreme Court, was unconstitutional as it extended the Court’s original jurisdiction beyond what was permitted by the Constitution. This decision effectively established the Court’s authority to review the constitutionality of actions taken by the other branches of government and declare them unconstitutional if necessary, thereby asserting the power of judicial review. This case set a crucial precedent for the role of the judicial branch in interpreting the Constitution and checking the powers of the executive and legislative branches.