Madison is a monumental Supreme Court case because it established the Court’s use of judicial review. The court stated that Jefferson ultimately won this case but lost the power of which branch has authority over the interpretation of the Constitution. This case is remarkably impactful and argued to this day. Many point to the fact that the Supreme Court should not have taken the case in the first place as it was not under their jurisdiction. If the Court never took on Marbury v. Madison, one must wonder if the judicial branch would have simply claimed judicial review within a different context (van Alstyne …show more content…
This continued until the 1900’s when the Supreme Court went through multiple transitional use of judicial review (Aughenbaugh). From 1789 and throughout the Civil War, the Court’s use of judicial review was most prevalent in cases that dealt with federalism (Aughenbaugh). During the Industrial Revolution in the U.S, that court saw cases that faced business related topics (Aughenbaugh). Lastly, from the years 1937 and to present day, the Supreme Court refocused their interest to what is referred to as “Discrete and insular minorities” after forwarding the power of business regulations to Congress under the Commerce Clause (Aughenbaugh). The Supreme Court case U.S v Carolene Products Co. is most famous for what is referred to as footnote number four, where the Court instated their heightened scrutiny for the discrete and insular minorities, and not for other items such as economic issues (Ackerman 715). It is described as the “most famous constitutional law footnote” (Ackerman 713). The footnote added a higher level of scrutiny, now referred to as strict scrutiny, to laws that met the following points. First being a violation to the facial challenge, meaning that the legislation violates part of the Constitution at face value (Ackerman 715). Secondly, the legislation in some