Essay Database

Power of Judicial Review- Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. During the early testing period when few precedents existed, there was much debate about fundamental issues concerning …

…democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch." Clearly, the Supreme Court is ultimately responsible to the will of the people. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country.