The Case Marbury V. Madison Essay examples

The Case Marbury V. Madison Essay examples

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Judicial Assignment
The United States was founded on the principle that the law not man governed, the law being manifested in the Constitution which in 1787 was ratified as the supreme law of the land. Its success is due in large part to the vagueness and relative freedom it allows in interpreting its meaning, having very limited explicit passages. Such vagueness extends to the basic principle of enforcing the laws of the country which although agreed upon by the states, nevertheless provides no effective means by which they are to be enforced. Such mechanism would only come into place in 1789 when then Chief Justice Marshall in the case Marbury v. Madison established the power of Judicial Review which he derived from the interpretation that the Constitution and the Framers intended the Judicial branch to act as the unbiased referee in legal disputes at the Federal level.
In combination with the appointment of Justices with life terms and their direct in-accountability to the electorate, this implied power of the Judicial branch appears to create a semi autonomous authoritarian institution. However, this is a false pretense for the Justices appointed to any Federal court are not done so independently or by the will of a single individual, rather they are nominated first by the President and confirmed by the Senate. Thus there is a check on two levels of who can become a Supreme Court Justice and an mechanism in place to prevent unqualified or questionable individuals from achieving such a prestigious and powerful position. Once in power however the unacountability to the electorate or the other branches of government, including to those who placed them in power, is necessary for a Justice because in theory it gives them the fre...


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... to a collapse and the inability to find alternatives for the people in need of said insurance. The former would simply confirm the original intent of the law which though unpopular to a large part of the electorate was nonetheless passed by a legitimate Congress with the approval of a president elected by the people and as embodying the good faith and will of the people. At its core this is simply an extension of the partisan stalemate and ideological warfare occurring in the other branches of government which has been taken as a symbol to rally people behind while completely ignoring the repercussions, directly and indirectly, on a large segment of the population. As such, in my opinion the letter is overruled by the spirit of the law and the original intent of the law, not a technicality that arises from human error, is what should be given precedent and standing.

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