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In 1717 Bishop Hoadly told King George I Whoever hath an absolute authority to interpret written or spoken laws it is he who is truly the lawgiver to all intents and purposes and not the person who wrote or spoke them Pollack 153 Early sentiments similar these have blossomed into a large scale debate over which branch of our government has the power to overturn laws that do not follow the foundations of our democratic system the constitution In this paper I will discuss the history of judicial review in respect to the US Supreme Court but more importantly I will discuss the impact that judicial review has had on the Supreme Court and our system of government and the various arguments behind this power that the Supreme Court now possesses The first instance that the Supreme Court showed its power under the cloak of judicial review was in the legendary case of Marbury v Madison In the confusion of leaving office President John Adams failed to have delivered four commissions that he had made before having to surrender his power to Thomas Jefferson In fact the responsibility of delivering the commissions was left in the hands of John Marshall the former Secretary of State under Adams who was now the chief justice of the Supreme Court When Jefferson took office he refused to have the commissions delivered and the case was filed by Marbury and the three other marshals that failed to receive their commissions As the Chief Justice Marshall wrote the opinion of the court by answering three questions concerning the case did Marbury have a right to the commission did Marbury have a remedy to receive the commission and was a writ of mandamus the proper remedy to receive the commission Marshall answered yes to the first two questions but said that the Supreme Court could not give him the commission he was entitled to through a writ of mandamus Through
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