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In the case of Marbury v. Madison, the Supreme Court flashcards
In the case of Marbury v. Madison, the Supreme Court flashcards
In the case of Marbury v. Madison, the Supreme Court flashcards
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It was 1803 when Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue concerning rather another branch of government’s legislation is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/ use of judicial review? How does it affect modern day society? These are important questions to ask when one is trying to comprehend how a federal system operates, and advances with its society. In this paper, I will analyze three Supreme Court cases (Lemon v. Kurtzman, Engel v. Vitale, and Epperson v. Arkansas) in order to come to an informed point of view on judicial review.
Lemon v. Kurtzman was a reaction to Rhode Island’s and Pennsylvania’s statutes which aided private schools by providing money for teacher salaries, textbooks, and other educational materials. This outraged Lemon (and others). Lemon sued, under the premise that it violated the Establishment clause. Before it went to the Supreme Court, the separate cases were heard in federal court (Pennsylvania) and district court (Rhode Island). In the federal court, the statute was considered not to be in violation of the first amendment. While in the district court the judges found the statute to foster “excessive entanglement” (Lemon v. Kurtzman). Since this case was so controversial (dealt with the constitution and the infringement upon it) it was deemed worthy of the Supreme Court. In the Supreme Court the statutes were found to be unconstitutional, and violate the establishment clause. Yet, this was not the most important part of the case. From the case the Supreme Court was able to better define the...
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...Vitale, and Epperson v. Arkansas. Along with the point of view gained from reading each case I was able to define what judicial review was, along with how it positively affects the United States and its citizens.
Works Cited
ENGEL v. VITALE. The Oyez Project at IIT Chicago-Kent College of Law. 07 December 2013. .
EPPERSON v. ARKANSAS. The Oyez Project at IIT Chicago-Kent College of Law. 08 December 2013. .
LEMON v. KURTZMAN. The Oyez Project at IIT Chicago-Kent College of Law. 08 December 2013. .
“Marbury v. Madison establishes judicial review.” 2013. The History Channel website. Dec 9 2013, 7:57 http://www.history.com/this-day-in-history/marbury-v-madison-establishes-judicial-review.
US Const. Amend. I. Print.
The Oyez Project, Illinois v. Wardlow, 528 U.S. 119 (2000) available at: (http://oyez.org/cases/1990-1999/1999/1999_98_1036) (last visited Tuesday, January 30, 2011).
The Marbury versus Madison case of 1803 irrefutably remains one of the most significant cases in history of the Supreme Court, because it was the first United States Supreme Court case to utilize the principle known as judicial review (History.com Staff, 2009). This principle gives the Judicial Branch of the government, in particular the federal courts, the power to declare an act of Congress null and void if they find that it conflicts with the Constitution of the United States. This mandate, by Chief Justice John Marshall, would become a point of contention that places the Supreme Court on par with not only Congress, but the Executive Branch of the government as well.
John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analysis the positive effects of the doctrine in American politics.
...Streeter 275. Courtesy of the Tarlton Law Library, Jamail Center for Legal Research, The University of Texas at Austin, 2013. Web. 3 February 2014.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
These early Supreme Court decisions have made a lasting impression on the United States. Marbury v. Madison established the concept of judicial review that strengthened the ability of the judcicary to act as a check against the legislative and executive branches by providing for the review of Congressional acts by the judiciary to determine the constitutionality of such acts. McCulloch v. Maryland allowed for the expansion of Congress’ implied powers needed to execute its delegated powers as well as defined the supremacy of constitutionally enacted federal entities over state statutes.
"UNITED STATES v. JONES." The Oyez Project at IIT Chicago-Kent College of Law. 18 Nov. 2013 .
SHELLEY v. KRAEMER. The Oyez Project at IIT Chicago-Kent College of Law. 23 March 2014. .
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The Curious Confusion Surrounding Escobedo v. Illinois. (1965). The University of CHicago Law Review, 560-580.
...mmitment.” Gale Encyclopedia of American Law. Ed. Donna Batten. 3rd ed. Vol. 3. Detroit: Gale, 2010. 26-29. Gale Virtual Reference Library. Web. 3 Feb. 2014.
Marbury v. Madison is given credit for creating the concept of judicial review, even though historical evidence proves otherwise. Also, John Marshall, the former Chief Justice of the Supreme Court, was never really given credit for his contributions, even if they were not unprecedented. As for the book, “Marbury v. Madison and Judicial Review” by: Robert Lowry Clinton, I found this book unenjoyable since it is a topic I have little interest in. Also, the book was very hard to read, with the topics kind of scattered and not chronological.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.