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...
... middle of paper ...
... 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.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The case of Marbury v. Madison was a monumental United States Supreme Court case. It is the case to which judicial review came to be. The case was brought to the Supreme Court by William Marbury against James Madison. It was a critical ruling based on interpretation, and still impacts modern law. William Marbury was appointed to be Justice of the Peace in the District of Columbia, by President John Adams. However, President Adams failed to finalize his commission before leaving office. James Madison then refused to issue the documents.... [tags: Supreme Court of the United States]
728 words (2.1 pages)
- ... Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts of Congress for their constitutionality. The Court decided that it did have such authority to determine whether laws were unconstitutional and void. The judiciary has the duty to interpret the law and determine if a law violates any part of the Constitution.... [tags: supreme court, jurisdiction , congress]
989 words (2.8 pages)
- What is most remarkable about the case of Marbury vs. Madison is the clever way in which Chief Justice John Marshall approached the Court’s final decision. He and his colleagues decided to use a three-pronged test to determine whether or not Mr. Marbury was entitled to the reprieve he was seeking. And it seemed as if he would. But then, two-thirds of the way into the Court’s opinion, Marshall decided to refer back to the Judiciary Act of 1789. After careful review, he announced that this writ of mandamus in particular was actually an expansion of original jurisdiction.... [tags: Supreme Court of the United States]
1058 words (3 pages)
- America’s foundation has been built upon the principles of democracy. All people of the nation are represented through selected individuals who work solely for the ideals of the governed. America’s specific government functions from three different branches; Legislative (House and Congress), Judicial (Court Systems), and Executive (President). Having three different branches of government enables each branch to constantly access one another, so one does not get more powerful than the other. This is a system of checks and balances.... [tags: Separation of powers, United States]
728 words (2.1 pages)
- 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.... [tags: Supreme Court of the United States]
996 words (2.8 pages)
- ... Here is the contradiction to popular belief. Marshall was not a pioneer for the creation of fair and equal government, he was really trying to make a decision that would protect his position while pleasing both the Federalists and the Democratic-Republicans. This is most accurately described by Robert G. McCloskey: “ a mastery of indirection [is]…Marshall’s ability to sidestep danger while seeming to court it, to advance in one direction while his opponents are looking another”(Clinton 6). Marshall’s actions were fueled by political concerns, not legal.... [tags: supreme courts, federalists, justice]
866 words (2.5 pages)
- Arguably the most important court case in American History, Marbury v. Madison was a revolutionary decision that set precedent unparalleled to any other court case. This case, which regarded the midnight appointment of Marbury, a justice, is more important for its effects than the actual ruling. It established the incredibly important judicial review; the Supreme Court’s power to declare acts of congress unconstitutional, and balanced the judicial branch with other branches. Marbury v. Madison, the most important American court case, began with the election of 1800.... [tags: judiciary, appointment, precident]
541 words (1.5 pages)
- In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review. President John Adams and the Federalist lost the election to Thomas Jefferson.... [tags: Marbury v. Madison]
1021 words (2.9 pages)
- Marbury v. Madison (1803) is one of the most important cases in the history of the Supreme Court. It began in 1800, with the beginning of the Democratic-Republican party of Thomas Jefferson (McBride). John Adams of the Federalist Party had just been defeated and creating political alarm for the group (McBride). John Adams in his final days of presidency decided to appoint a great number of justices of the peace (McBride). The new President Jefferson and his Republicans were infuriated with Adams act before he left office.... [tags: Thomas Jefferson, James Madison]
711 words (2 pages)
- Derek Bloom Marbury v. Madison (1803) Introduction Marbury v. Madison (1803) refers to a landmark case in US law that laid the basis for the application of judicial review, particularly under Article three of the Constitution. The outcome of the case helped define the limits between the country’s distinct executive and judicial branches. Marbury v. Madison (1803) came about after William Marbury’s application to the (SC) Supreme Court. The application came after President John Adams appointed him as Justice of the Peace.... [tags: Supreme Court of the United States]
1743 words (5 pages)