In 1788, in the 78th paper of “The Federalist, Alexander Hamilton argued for judicial review by an independent judiciary as a necessary means to void all governmental actions contrary to the Constitution. Marbury v. Madison 1803. Was an early Supreme Court case that affirmed the Court's power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”
In 1788, inside the 78th paper of “The Federalist, Alexander Hamilton argued for judicial assessment via an independent judiciary as a vital means to void all governmental movements opposite to the constitution.
As experience had proved, there was no better way of securing a steady, upright, and impartial administration of the law. To perform its functions well, the judiciary had to remain "truly distinct" from both the legislative and executive branches of the government, and act as a check on both.
Marbury v. Madison reinforced the federal judiciary by using organizing for it the power of judicial evaluation, by way of which the federal courts should declare the law, in addition to executive and administrative movements, inconsistent with the U.S. charter (“unconstitutional”) and therefore null and void.
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