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What the Hell Does the Judicial Branch Do?

What the Hell Does the Judicial Branch Do?

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In this episode, John does a deep dive into the early years of the Judicial Branch of the federal government. John begins by explaining how courts, judges and lawyers were perceived by the colonists in the decades before the American Revolution and what role it was in society and in the colonial governments that these elements played. John then discusses the changes that Americans wanted to see in the judicial system upon achieving independence from Great Britain and how the rapid evolution of democracy in the various states led to a push for a more uniform legal system in the country and a less hostile view of lawyers, judges and the judiciary more broadly by the time of the Constitutional Convention.

Finally, John covers the impact of the Marshall Court in general and the Marbury v. Madison case decided by that court in particular. John gives some background about who John Marshall was, how he ended up as the Chief Justice and his approach toward that position before explaining the details of the Marbury case. John concludes by breaking down the concept of Judicial Review and how the Judicial Branch was transformed by the other branches’ acceptance of the notion that judges and justices should exercise this authority in the U.S. government.

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In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.