Thursday, November 7, 2019
Free Essays on The Constitutional Significance Of Marbury V. Madison
The Constitutional Significance of Marbury v. Madison Our nations birth was culminated by the production of the Constitution. This document outlines our countryââ¬â¢s expectations and guidelines. It is a document which is written so perfectly that it can be very flexible to sufficiently govern our nations current needs, and on the other hand very tight to withstand time. The Constitution is a document of definitions. It defines relationships and states what the government can and can not get away with. It has a remarkable capability of reaching compromises and its authority is given to it by the people. With the vast capabilities this document possesses, it must be interpreted correctly and fairly. Judicial Review grants the Supreme Court the power to do so. Judicial review is a power held by the Court that enables them to prevent the enforcement of laws or other governmental decisions that it determines to be repugnant to the Constitution. The Supreme Court case, Marbury v. Madison, solidified this power. This case was one of the first cases which let the Courts set a precedent of power. John Marshall shaped the role that the courts would play. He understood that if the Court awarded Marbury a writ of mandamus, the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. The Constitutional Significance is the assumption of several powers by the Supreme Court. One was the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution. But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. The Supreme Court became in fact as well as in the... Free Essays on The Constitutional Significance Of Marbury V. Madison Free Essays on The Constitutional Significance Of Marbury V. Madison The Constitutional Significance of Marbury v. Madison Our nations birth was culminated by the production of the Constitution. This document outlines our countryââ¬â¢s expectations and guidelines. It is a document which is written so perfectly that it can be very flexible to sufficiently govern our nations current needs, and on the other hand very tight to withstand time. The Constitution is a document of definitions. It defines relationships and states what the government can and can not get away with. It has a remarkable capability of reaching compromises and its authority is given to it by the people. With the vast capabilities this document possesses, it must be interpreted correctly and fairly. Judicial Review grants the Supreme Court the power to do so. Judicial review is a power held by the Court that enables them to prevent the enforcement of laws or other governmental decisions that it determines to be repugnant to the Constitution. The Supreme Court case, Marbury v. Madison, solidified this power. This case was one of the first cases which let the Courts set a precedent of power. John Marshall shaped the role that the courts would play. He understood that if the Court awarded Marbury a writ of mandamus, the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. The Constitutional Significance is the assumption of several powers by the Supreme Court. One was the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution. But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. The Supreme Court became in fact as well as in the...
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