The Eakin v. Raub Supreme Court case made judicial review legal on a state level. This 1825 Pennsylvania Supreme Court case is also important for inspiring one of the most thorough rebuttals of the concept of judicial review ever written, as stated in the Founders' Constitution.Continue Reading
The issue of judicial review lies at the heart of Eakin v. Raub. According to Jrank.org, judicial review was first ratified in 1803 with the case of Marbury v. Madison. In that case, Chief Justice John Marshall legalized judicial review of laws enacted by Congress. This gave the Supreme Court the power to make void laws it deems unconstitutional. When Eakin v. Raub was called before the Pennsylvania Supreme Court several decades later, judicial review did not yet apply to state courts. With the decision of this case, state supreme courts were granted the same powers of judicial review as the national judicial branch.
While this decision had important ramifications for state supreme courts, the case is also notable for inspiring one of the most effective denouncements of judicial review. Jrank.org states that while the case itself may not have been legally noteworthy, Justice John Gibson's dissenting viewpoint is perhaps the most successful refutation of Marshall's 1803 decision to institute judicial review.Learn more about US History