2. In what way did the Marbury enhance the system of checks and ball ances provided for in the Constitution? 3. Constitutional scholars have pointed out there is an inconsistency in Justice

2. The Marbury decision enhanced the system of checks and balances by asserting the authority of the judiciary to review the constitutionality of actions by the executive branch, thus ensuring that no branch of government exceeds its constitutional powers.3. Constitutional scholars have pointed out an inconsistency in Justice Scalia's originalist approach to interpreting the Constitution, which sometimes conflicted with his deference to precedent and the living constitution theory.