Charles Evans Hughes, the 11thchief justice of the Supreme Court once said, ‘We are under a Constitution, but the Constitution is what the judges say it is.’ Since Marbury v Madison (1803) established the doctrine of judicial review, the Supreme Court has essentially been able to shape the parameters of the Constitution to bring about dramatic social and legal change in the USA. There is no denying that the court has a lot of influence, but has the evolution of the Supreme Court’s judicial role given it too much power in the USA? The answer to that is clearly yes, for three significant reasons.
First, the most important thing to consider when examining the scope of the Supreme Court’s power is its power of judicial review. In the case of Marbury v Madison, Chief Justice John Marshall established the power of the court to declare acts of Congress, actions of the president or any member of the federal executive, as well as legislation and actions of the state governments, unconstitutional.
Your organisation does not have access to this article.
Sign up today to give your students the edge they need to achieve their best grades with subject expertise
Subscribe
