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Marbury v madison case summary
Marbury v madison case summary
Marbury v madison judicial review
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The Judicial Branch is one of three branches of government that play a crucial role in the United States. Not only is it responsible for protecting and carrying out the textual and living form of the Constitution, but also insuring that we, as citizens, are not being violated by the laws that are established. Although checks and balances are present to ensure that the judicial branch, legislative branch, and executive branch don’t become to powerful over the other, each is still very susceptible to political forces; and this includes the judiciary branch. The Judicial Branch is responsible for several things; interpreting federal laws and the U.S. Constitution, resolving legal disputes, trying criminal and civil cases, determining guilt/innocence/degree of culpability/etc., imposing sentences and other legal punishment, protecting individual constitutional rights, consider writs/motions/other legal actions, managing the docket and judicial caseload, and checking the power of the legislative and executive branches. As it comes to the Supreme Court, there is one Chief Justice and eight Associate Justices, which are nominated by the President and confirmed by the Senate (The White House). And because the President is able to pick the judge they want to serve, more than likely they are going to represent their own viewpoints. It has been noted in the past that it is very rare to nominate a judge from a different political party than the President’s because one wants their party to have more power/influence over the other; they want to have more seats. As stated in “Nomination Process for Federal Judges/Supreme Court Justice: The President’s Role,” “Overall, about 90 percent of judicial appointments since the time of Franklin Ro... ... middle of paper ... ...mething that displays the importance between Marbury v. Madison and U.S. v. Nixon was that, “In reaching its decision, in this case, the Supreme Court drew upon the famous statement of Justice John Marshall in Marbury v. Madison, 1803: “It is emphatically the province and the duty of the court to say what the law is” (Guidance Associates). And judicial review has played a significant role in this by allowing courts to have the power to fully enforce the Constitution to protect the public. Checks and balances played a significant role in both Marbury v. Madison and U.S. v. Nixon; without the Constitution and its powerful influence in Marbury v. Madison, such examples from U.S. v. Nixon would not have been in existence. These cases are significant still to this day because it insured that the Constitution fully became the “law of the land,” and continues to do so.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of t...
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
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.
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
In William Hudson’s book, American Democracy in Peril, he writes about different “challenges” that play a vital role in shaping the future of the United States. One is the problem of the “imperial judiciary”. Hudson defines its as that the justice system in the United States has become so powerful that it is answering and deciding upon important policy questions, questions that probably should be answered by our democratic legislatures. Instead of having debates in which everyone’s voices are heard and are considered in final decision-making process, a democratic-like process; we have a single judge or a small group of judges making decisions that effect millions of citizens, an “undemocratic” process. Hudson personally believes the current state of judicialized politics is harming policy decisions in Americans. According to him, the judicial branch is the “least democratic branch”, and ...
I think that it is important to remember that the framers were fairly new at creating a government unlike any other government in the world and their main concern was freedom from government control. It appears that their biggest mistake was not applying the Bill of Rights to the states as well as the national government. It also becomes problematic in that two men, having different political beliefs and opinions, can interpret the same law in very different ways. Thus, the Supreme Court, established in 1789, which consists of the Chief Justice and eight Associate Justices, is the final interpreter of federal constitutional law. In other words, when there is disagreement concerning constitutional law, the Supreme Court settles it. The power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. This in itself has become conflictual due to affiliations which could certainly sway decisions in favor of one particular political
American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the legislative and today rivals the legislative in a much closer political battle. Today both branches have major factors that contribute to their power, but on the whole the legislative remains the lastingly dominant branch.
The Constitution is important because it was expressly designed to limit powers into three co-ordinate branches, the legislative, executive, and judiciary branch; none of which was to have supremacy over the others. This separation of powers with the checks and balances which each branch was given over the others was designed to prevent any branch, from infringing individual liberties safeguarded by the Constitution. I think the U.S. Constitution was a way for the U.S. to establish government which was a negotiation between the two former governments, a monarchy and total state power. I think by creating the checks and balances, people’s rights would be safer and they would feel more secure not having one branch of government with absolute power. What I found most interesting about the Constitution was how complex and detailed the framers made it, to effectively explain and limit the individual branches of power in government. In the words of Thomas Paine, "a government without a constitution is power without right". Meaning that for power to be granted, it is necessary to establish a constitution.
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"...
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and electoral roles that also plays a vast part in the government’s operation.
The power the Supreme Court has today stems from the case of Marbury v. Madison: a hearing