Federalist Papers
Federalist Papers
• “The judiciary, has no influence over either the sword or the purse; no
direction either of the strength or of the wealth of society; and can
take no action resolution whatsoever.”
• The Supreme Court can only REACT to cases presented to it.
FEDERALIST PAPER #78
• “The interpretation of the laws is the proper and
peculiar province of the courts.”
• Chief justice John Marshall uses virtually the same
language in Marbury v. Madison to declare the doctrine
of judicial review.
• Judicial Review- The Supreme Court reviews all laws and
executive actions to make sure they abide by the Constitution.
• The constitution as the Supreme law of the land should
take precedence over any subsequent law (supremacy
clause), just as the will of the people ought to take
precedence over the will of any elected representative.
In Other Words…
• The Supreme Court interprets the laws and reviews the actions of the
executive branch.
• It is the job of the Supreme Court to make sure that the actions of the
President abide by the constitution (that he is following the constitution).