Preview

The Great Compromise: The Judicial Branch Of Government

Good Essays
Open Document
Open Document
656 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Great Compromise: The Judicial Branch Of Government
The judicial branch of government interprets laws and administers justice. The judicial branch of government was established by Article lll of the Constitution along with other Federal courts created by Congress. This branch came about when statesmen who met in Philadelphia were followers of Montesquieu's concept that powers in politics should be balanced. John Locke's writings supported and made this principle stronger, this led to the judgment that there needed to be three equal branches of government, the executive, legislative, and the judicial branch.
A compromise that was made was the Great Compromise. The Great Compromise was an agreement that small and large states made. This compromise stated the representation and legislative structure each state should have under the U.S. Constitution. The outcome of the Great Compromise was that each state would have two representatives in the upper house. The judicial
…show more content…
John Marshall made a decision that expanded the powers of the Supreme Court and that is why he is important. John Marshall made it to where federal courts could use judicial review, for when/if someone violates the United States Constitution. John Marshall helped make the third branch of government, the judicial branch, what it is today. Some decisions that were made were in the Marbury Vs. Madison case, McCulloch Vs. Maryland case, Scott Vs. Sandford case, etc. These cases each greatly impacted our great nation and what it is today.
The Marbury Vs. Madison case is important because it was the first United States Supreme Court case to apply the judicial review principle. This case was between a man named William Marbury and James Madison, when James Madison refused to deliver Marbury's commission, Marbury made a petition, which would bring forth delivery of the commissions. Marbury’s petition was denied and proven not

You May Also Find These Documents Helpful

  • Better Essays

    Marbury V. Madison

    • 942 Words
    • 4 Pages

    The biggest Constitutional issue with Marbury v. Madison is that it validated Article III of the Constitution which granted the Supreme Court the highest level of judicial power in the United States, and outlined which types of cases were parts of the Court's appellate jurisdiction, and which were parts of its original jurisdiction (Mountjoy 24). There were six Justices for the case and these were Samuel Chase, William Cushing, John Marshall, William Paterson, and Bushrod…

    • 942 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Constitution Compromises

    • 379 Words
    • 2 Pages

    Asses the Constitution in terms of the compromises developed by the delegates in the context of two of the following: Presidency, Representation, Slavery.…

    • 379 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The major compromises that were made at the Constitutional Convention were that both of the parties wanted to change the whole document instead of amending the articles. The issues that were settled at this time was creating the senate, and the house. The senate allowed represenation by state, and the house established repersentation by population. Most of the issues that remained unsettled were woman's rights and immigration.…

    • 67 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Marbury v. Madison

    • 1386 Words
    • 5 Pages

    William Marbury petitioned to U.S Supreme Court this caused the case. President John Adams appointed William Marbury in the District of Columbia as a Justice of peace. But afterward the commission was undelivered to him. When there was no delivery of commission then William Marbury submitted petitioned to force James Madison the secretary of state to deliver the documents, but the mater of turning was that Chief Justice of that time John Marshall refused the petition of Marbury. Justify his refused by claiming that the part of status on which he supported his claim was unconstitutional, Judiciary act of 1789 (Coxe, P.302-335).…

    • 1386 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Federalism or the compound government is the idea that Each of these three branches has different duties they must complete. The legislative branch includes a Congress, House of Representatives, and a Senate. The executive branch includes the President, and Executive and Cabinet departments. The judicial branch includes all of the courts, Supreme Court, Court of Appeals, and the District Court. “Liberty requires that the three great departments should be separate and distinct.” (Document B) Separation of powers guards against tyranny because all three branches have equal but different power. The three branches are separate and distinct but they work together to form our government in a process called checks and…

    • 906 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The case of Marbury v. Madison (1803) has been described as "epochal", and for good reason. The case of Marbury v. Madison established the Supreme Court's power of judicial review. Judicial review is the ability of the Supreme Court to "review a law or an official act of government employee or agent for constitutionality or for the violation of basic principles of justice." This case directly shaped the future of the American public in a positive way: by making decisions that are lawfully correct and in the best interest of the public. This also had some short-term and long-term ramifications, including the decision that declared the legality of the Louisiana Purchase, the single act that doubled the size of the United States and laid the foundation for a future superpower.…

    • 762 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Marbury v Madison enacted the principle of Judicial Review, which is the power of federal courts to void acts of Congress in conflict with the Constitution (“Marbury v Madison”). Brown v School Board of Education overturned the provisions of Plessy v Ferguson by ruling segregation as unconstitutional. Tinker v Des Moines established students right to public speech (“Landmark Cases”). Supreme Court interpretation, allows the original text of the Constitution to be mended in order to accommodate to the time…

    • 538 Words
    • 3 Pages
    Good Essays
  • Good Essays

    W Marbury v Madison 1803 will forever and always be a Supreme Court Case that will live infamously in today’s history. During the election of 1800 against incumbent president John Adams of the Federalist Party versus the Anti-Federalist Party nominee Thomas Jefferson, with Jefferson being the victor. Before Adams were to leave the presidential office, he made what is called “midnight appointments” of new judgeships to counter act the Jeffersonians once in office. John Marshall, who was secretary of state of the time, failed to deliver seventeen commissions, one of which belonged to William Marbury. James Madison, Marshall’s successor, failed to deliver the rest of the appointments at the request of Thomas Jefferson.…

    • 687 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Nfib vs. Sebelius

    • 888 Words
    • 4 Pages

    In Marshall’s opinion in Marbury v. Madison, he says, “if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty” (317). Judicial review for Marshall was to balance the powers of the branches of government and to establish…

    • 888 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Great Compromise of 1787 or the Connecticut Compromise of 1787 refers to the settlement of the dispute that rose due to conflicting views put forward by the Virginia Plan and the New Jersey plan. These plans proposed changes in the Articles of Confederation that was the aim of the Philadelphia Convention of 1787. However, whereas the Virginia Plan seemed to provide a greater representation of the more populous states in the national government, the New Jersey Plan was proposed by the smaller states aimed at preventing the balance of the US government from tilting in favor of the more populous states as per the Virginia Plan.…

    • 866 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Revolution of 1800

    • 519 Words
    • 3 Pages

    Judicially, there was a change in regards to the Marbury vs Madison case, and judicial review that developed because of it. During the case of Marbury vs Madison…

    • 519 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Corey Salva Mr. Vieira APUSH 10/15/10 Marbury vs. Madison In 1803, a single case managed to change how America's government would be run forever. In John Adams' last few days as president, he appointed a small group of Federalists into power. When Thomas Jefferson was elected into office, and he told James Madison to not bring the commissions to an appointed “midnight judge” named William Marbury. This gave the newly appointed Chief Justice, John Marshall, a great opportunity to spread his Federalist influence deeper into the American government. When Marbury found out that his commission was being held back by Madison, he sued for its delivery.…

    • 375 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Since the days of Chief Justice John Marshall, The Supreme Court has been the arbiter of constitutionality among the three branches of government. Through this judicial review, The…

    • 735 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Marbury V. Madison

    • 266 Words
    • 2 Pages

    Marbury v. Madison is viewed as the most important case in the U.S. Supreme Court history. The important constitutional principle that was established by U.S. Supreme Court, was to use the idea of “Judicial Review”, which is the power of federal courts to void acts of Congress in conflict with the Constitution. Under Justice Marshall, the court began its ascent as equal in power to the congress and president. Jefferson as the new president, did not want appointees from the opposing party taking the new appointments in office. Therefore, he told James Madison not to deliver the commissions to seventeen of the appointees which were appointed by outgoing President Adams. One of the appointees was William Marbury, who did not receive his commission…

    • 266 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    When acknowledging case at the Supreme Court level it must be a case worth the argument to continue it. The Supreme Court is the highest court that a case can reach and doesn’t give the decision of the case but gives an opinion on what they believe is right and the lower court from which it came from decides what happens to the case. The Supreme Court deals with the highest level of cases and is the only court listed in the constitution (Federal Court Concepts). The Supreme Court is known for decisions in landmark cases such as Marbury v. Madison, Dred Scott v. Sanford, West Coast Hotel v. Parrish, and Brown v. Board of Education of Topeka which have helped shaped how America is today (Federal Court Concepts). The Warren court system was from…

    • 1487 Words
    • 6 Pages
    Good Essays