top-rated free essay

Marbury Vs. Madision

By SarinaMariee-Perez Oct 22, 2014 549 Words

Marbury v. Madison
Period 1
09-17-14

The Supreme Court of the United States is the only court specifically created by the Constitution, and eight associate justices. The Supreme Court can issue writs of mandamus in cases warranted by the principle and usage of laws, to any courts appointed, or persons holding office, under the authority of the United States, due to the fact that Section 13 gave the Supreme Court that power. But with the federal laws, I believe the Supreme Court judges should be able to have the power to deem a federal law unconstitutional and they can disregard it because they represent the U.S Constitution and must uphold it. The Judicial Branch consists of the Supreme Court and the judges, and the Supreme Court interprets the U.S. Constitution. The Supreme Court deals with cases involving the Constitution , the federal laws, treaties and disputes between the states. It does the job its set up to do and the job only, on what powers are allowed by the Constitution. The Constitution is very clear about the position of the Supreme Court as stated in Article III. “The judicial power of the United States shall be vested in One Supreme Court and in such inferior courts that the congress may from time to time ordain and establish.: “The judicial power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States and Treaties.” With the Marbury v. Madison case, Marshall’s powerful opinion was based on three propositions. One, the Constitution is by it’s own terms, the supreme law of the land. Two, all the legislative acts and other actions of government are subordinate to the supreme law and cannot be allowed to conflict with it. Three, the judges are sworn to enforce the provisions of the Constitution, and therefore must refuse to enforce any government action they find to be in conflict with it. In this decision Chief Justice Marshall claimed for the Supreme Court the right to declare acts of Congress unconstitutional , and so laid the foundation for the judicial branch’s key role in the development of the American system of government. I believe the Supreme Court should have the power to overturn unconstitutional federal laws, it’s their task. Due to the fact that they mainly enforce the Constitution and if it’s unconstitutional then it’s violating the sections and the laws. Also with the Rule of Law was made to distinguish between judicial decisions and political decisions. That no one is above the law, everyone subject to the law of the land shall be treated equally, the government is the subject of the law, and America should have a “government of laws and not of men.” Plus Alexander Hamilton wrote, ”the complete independence of the courts of justice is peculiarly essential in a limited constitution” ; to maintain full judicial independence, the constitution clearly states in Article III, that the judicial power lies with the Supreme Court and the inferior courts established by the Congress. The Supreme Court should and do have the right to declare whether a federal law is unconstitutional. The judges represent and protect the Constitutional , they also enforce and interpret it. The judicial power of the Supreme Court has the power to change or disregard laws.

Cite This Document

Related Documents

  • Marbury vs Madison

    ...Marbury vs Madison • What Occurred in the case? o Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is on...

    Read More
  • Madison vs Marbury

    ...Madison vs. Marbury 1803 One of the most well-known court cases is the case of Madison vs. Marbury in 1803. This case occurred during the end of John Adams presidency and the beginning of James Madison’s. Due to personal hatred between Madison and Adams, Adams felt the need to higher the “ midnight judges”; to maintain the beliefs he ...

    Read More
  • Case Notes: Marbury vs. Madison

    ...Marbury vs. Madison (1803) 1. John Marshall means in his statement that the constitution does not allow the judiciary branch to rule in such a way that Marbury would like. Although Marbury did lose his job, the context in which he earned his job was unconstitutional. Marshall's statement is referring to the inability of the judiciary branch...

    Read More
  • Marbury V. Madison

    ...Marbury v. Madison As the government was newly establishing its stronghold on the nation a struggle to preserve the foundations of American society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing Jefferson would topple the prestigiou...

    Read More
  • Marbury V. Madison

    ...Josh Mason Ms. Neagle Civics/per. 3 5 February, 2013 Marbury v. Madison Marbury v. Madison was a very influential Supreme Court case in the history of the United States. Marbury v. Madison was a United States Supreme Court case in which the Court formed the basis for the exercise of judicial review. This happened under Article III in the Co...

    Read More
  • Marbury vs. Madison, Analysis

    ...In Marbury v. Madison, the U.S Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution. At the end of his term in office, President John Adams appointed a number of Federalist Party members to administration and judiciary positions. Although President Adams attempted to fill the vaca...

    Read More
  • Law Marbury vs Maddison

    ...Marbury  v  Madison  1803 Background  information:    -‐ -‐ I:    R:  Case  founded  the  principle  of  judicial  review,  i.e.  the  capacity  of  the  Supreme  Court  to  review  law  for  constitutionality  (=extension  of  power  of  judiciary)  Facts:  Outgoing  president  Adams  appoints  justices...

    Read More
  • Marbury v. Madison

    ...Marbury v. Madison On President John Adam’s last day in office, March 4 he appointed forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia as an attempt by the federalists to take control of the judiciary before Thomas Jefferson took office. The commissions were signed and sealed by President Ad...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.