What is the Supreme Court
Professor and Class,
The Supreme Court is the law of the land, bound by the Constitution, but it has certain checks on its authority. For example, if Congress does not agree with a certain decision of the Court it can amend the decision or statute. The power of the Supreme Court comes from Judicial Review, the purpose is to review the constitutionality of law.
Marbury vs Madison is probably the most important Supreme Court case in United States history, this is where Judicial Review was originated. William Marbury petitioned the Supreme Court as he had been appointed Justice of the Peace in the District of Columbia by John Adams before he left office, but the commission had not been delivered. Marbury was trying to force Secretary of State James Madison to deliver the papers. When Thomas Jefferson arrived in office he ordered Madison not to deliver the commission to Marbury, the petition was unsuccessful and needless to say Marbury never became Justice of the Peace. This was a moment in history because it documented that the Supreme Court is an equal in checks and balances and the arbiter of the Constitution.
Chief Justice Marshal was now the new Supreme Court Judge who saw the case of Marbury. He misquoted the Constitution and the Judiciary Act of 1789 and portrayed them to be in conflict with one another? He asked this question, “Can an Act repugnant to the Constitution become the law of the land?” By asking this question he created a conflicting problem between an Act and the Constitution, meaning, to resolve the matter would lie in the hands of the Court. Chief Justice Marshal held that the section of the Judiciary Act of 1789 that gave the Supreme Court power for writs of mandamus, exceeded the power that was given under the Constitution, so therefore it was not valid and unconstitutional. All this was a way for Chief Justice Marshal to create Judicial Review, he stated the Court had the power to resolve the matter. Chief Justice Marshal was one
The Supreme Court is the law of the land, bound by the Constitution, but it has certain checks on its authority. For example, if Congress does not agree with a certain decision of the Court it can amend the decision or statute. The power of the Supreme Court comes from Judicial Review, the purpose is to review the constitutionality of law.
Marbury vs Madison is probably the most important Supreme Court case in United States history, this is where Judicial Review was originated. William Marbury petitioned the Supreme Court as he had been appointed Justice of the Peace in the District of Columbia by John Adams before he left office, but the commission had not been delivered. Marbury was trying to force Secretary of State James Madison to deliver the papers. When Thomas Jefferson arrived in office he ordered Madison not to deliver the commission to Marbury, the petition was unsuccessful and needless to say Marbury never became Justice of the Peace. This was a moment in history because it documented that the Supreme Court is an equal in checks and balances and the arbiter of the Constitution.
Chief Justice Marshal was now the new Supreme Court Judge who saw the case of Marbury. He misquoted the Constitution and the Judiciary Act of 1789 and portrayed them to be in conflict with one another? He asked this question, “Can an Act repugnant to the Constitution become the law of the land?” By asking this question he created a conflicting problem between an Act and the Constitution, meaning, to resolve the matter would lie in the hands of the Court. Chief Justice Marshal held that the section of the Judiciary Act of 1789 that gave the Supreme Court power for writs of mandamus, exceeded the power that was given under the Constitution, so therefore it was not valid and unconstitutional. All this was a way for Chief Justice Marshal to create Judicial Review, he stated the Court had the power to resolve the matter. Chief Justice Marshal was one