POLS 1101 Lecture Notes - Lecture 12: Mandamus, Precedent, Amicus Curiae
21 Sep 2016
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Judicial review (the power to rule acts of congress, president, other political actors to be unconstitutional) is considered the number 1 power that the supreme court has. Judicial review is not written in the constitution; not established until case of marbury v. Madison (1803) (very) brief details of marbury v. madison: 1800 election, john adams and federalists get beaten really badly. At very end of his term, john adams and outgoing federalist government created and lled a lot of judicial posts in order to keep some control. In the chaos of last days of of ce, one of these new appointees (marbury) did not receive his commission and jefferson ordered his secretary of state (madison) not to deliver it. Marbury sues to the supreme court asking for a writ of mandamus forcing madison to deliver commission writ of mandamus being something congress put into the judiciary act of 1789.
