Courts Reinforce Authority Through Judicial Review and Public Expectation
The authority of U.S. courts stems from their ability to enforce orders, rooted in judicial review, which allows them to declare actions unconstitutional as established in Marbury v. Madison.
In the United States, courts possess various tools to enforce their orders, including contempt power, substantial fines, and the ability to arrest individuals who do not comply. However, the most significant authority the courts hold is rooted in the public's expectation that officials will adhere to court rulings. As stated by legal experts, it is crucial for the judiciary to uphold these principles.
The foundation of this system is the principle of "judicial review," which enables courts to assess whether actions taken by the executive or legislative branches are constitutional. This important doctrine has existed for over 200 years, originating from the landmark case Marbury v. Madison in 1803. In this case, the Supreme Court made its first determination that an act of Congress was unconstitutional.
Chief Justice John Marshall eloquently articulated the role of the judicial system by stating, "It is emphatically the province and duty of the judicial department to say what the law is." This fundamental principle underpins the checks and balances within the American legal framework, ensuring that no branch of government exceeds its authority.
