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Marbury Vs. Madision

By SarinaMariee-Perez Oct 22, 2014 549 Words

Marbury v. Madison
Period 1

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.

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