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The legal system justice
The supreme court and the role flashcards
The legal system justice
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On account of the case of Marbury v. Madison, the Supreme Court decided that they lacked the ability to mandate President Jefferson to distribute the commissions that he had told Secretary of State James Madison to not distribute to the "midnight judges". The Supreme Court has the ability to issue writs of mandamus due to the Judiciary Act of 1789; however, in article III of the Constitution this is not permitted. By settling on this choice, the Supreme Court first showed its capability of judicial review. Some would debate that the power of judicial review gives the judicial branch too much power above the other branches, while others debate this power is important to keep the government stable and functioning. The Supreme Court should have …show more content…
The supreme law of the land, the United States, is the Constitution; all laws are meant to adhere to the supreme law of the land. Hamilton said that all laws should be based on the constitution, and if any laws go against the constitution then they must “give place to the Constitution” (Document E). In the history of the United States there have been laws passed that do not comply with the Constitution. Based on the fact that the Constitution is stated to be the “Supreme Law of the Land” (Document G) in the Constitution, any law that does not agree with it should be overruled. The legislative branch has created laws that are unconstitutional before; however, the Supreme Court has always declared these laws unconstitutional and, therefore, void. If not for the power of judicial review these laws would never have been made void; these laws would have been kept and would have stripped many constitutional rights from the people of the United States. The Supreme Court should have the power to overrule unconstitutional laws because if not for this power many constitutional rights would no longer
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
There was a short time where all was calm right after the civil war. king charles the second and his father were both dead so Charles brother took over. this is king James the secondf and he was a Catholic sao he appointed many high positions in the government. Most of his sibjects were protestant and did not like the idea of Catholicism being the religion theyd have to abide by. like his father and brother king james the second ignored the peoples wishes and ruled without Parliament and relied on royal power. an English Protestant leader wanted to take the power away from james and give it to his daughter Mary and Her husband William from the Netherlands. William saled out to the south of england with his troops but sent them away soon after they landed
In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.
The case of Marbury v. Madison serves as a profound example of the Supreme Court’s duty of Judicial Review. The writer of “The Case of the Missing Commissions” who describes the case states that around 1803, the Supreme Court had “none of the prestige and little of the accepted authority it now possesses.” The fact that the Judicial branch was deemed inferior to the other two sparked the ambition that Chief Justice, John Marshall, required to gain some supremacy for the Supreme Court. It’s also noted that John Marshall, a Federalist, despised the newly elected President, Thomas Jefferson, who stood against his political views as a Democratic-Republican. Marshall’s fight for power was also intended to “condemn the action[s] of the Executive”
Identify at least three (3) ways that the United States changed since 1877. This change could be a shift from one political party/ideology to another, or it could be an economic, social, or cultural change. Reflect upon each change to show how the country is now different than it was in 1877.
Aristotle stated, “From the hour of their birth, some men are for subjection, others for rule.” Not so, thought Declaration of Independence author Thomas Jefferson, young and idealistic lawyer.
The Constitutional Convention was a political assembly that occurred between May and September of 1787 in Philadelphia, Pennsylvania, and determined how America was going to be governed. Following the drastic failure of the Articles of Confederation, the Framers gathered, looking toward a new ideal: one with a stronger national government, which would unify the states as one sovereign country. Prompted by the outset of the majority of its proponents, the conference had unanimously concurred the creation of a constitution, which directed the new government. However, the drafting process of the composition was greatly debated, as economic differences between the states created many conflicts.
In Federalist No. 78, Hamilton said that the Judiciary branch of the proposed government would be the weakest of the three branches because it had "no influence over either the sword or the purse, ...It may truly be said to have neither FORCE nor WILL, but merely judgment." One need to understand that during the time, Hamilton wanted a branch of governance which would act as a protection against abuse of power by Congress. He further discusses the power of judicial review
There is a lot of enlightenment idea like free speech, divide power and majority rules. The enlightenment idea 14that I am talking about contain all three of these. It is made by John Locke and is called as natural rights. I think most important idea that challenge the existing authority is the natural rights. The enlightenment idea of natural rights challenged the existing authority of the king because he think he is the only one that has rights and no one else has it.
In the case of Marbury vs. Madison, John Marshall argued that the Supreme Court should be able to determine the constitutionality of laws that come before the court. The point of this argument was so no judge could allow any unconstitutional law to pass. In the end of the trial, John Marshall lost to Jefferson, who stated that the Branches should check the laws. Today, the Branches are still in charge of everything that has to do with laws. Another case was Brown vs. Board of Education. In this case, the courts ruled that separate but equal was unconstitutional. The Constitution has had many instances of needing the courts help of clarifying it. The courts will take an unconstitutional law and correct as
Founded by the forefathers, the government of America shined as a beacon of freedom in a tyrannical world. Because of their discontent with the old monarchy system, the founders wanted to form a new government that limited the consolidation of power in a single ruler’s hand. Eventually, they decided on a three branch system--executive, legislative, and judicial-- meant to ensure a “balance between society’s need for order and individual’s rights,” the founders enacted the separation of powers in the new government (“The Court and Constitutional…”). In 1789, President George Washington signed the Judiciary Act, officially commencing a start to a new judicial branch that contained the Supreme Court as the highest tribunal of America’s legal system
It is important to understand the classic debate of Yates v. Hamilton in order to comprehend the context of judicial review in American democracy. Robert Yates was an anti-federalist and judge of the New York Supreme Court who advocated that judicial review was not consistent with the spirit of democratic government. He refused to allow the judicial branch the last word over constitutional interpretation. In his paper, Brutus #11, he contended that the power of the judicial branch would be superior to that of the legislature is the Supreme Court acted as final arbiter of the constitution’s meaning, thus “this power in the judicial, will enable them to mould the government, into almost any shape they please. — The manner in which this may be effected we will hereafter examine” (Yates). Yates, above all, believed that the constitution is the mediator between the public and their elected officials. On the other hand, federalist Alexander Hamilton defended the legitimacy of judicial review as the “least dangerous branch” of government. He explained the legitimate status of the courts through the system of checks and balances. Ham...
The Constitutional Convention to this day is considered one of the most momentous events in United States Constitutional History. Dubbed the one hundred day debate, the convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. The original goal was to revise the existing form of government- the Articles of Confederation- however, many delegates had a different approach to fixing the nation as a whole. Because of federalist delegates such as Alexander Hamilton and James Madison, on September 17, 1787, the convention had formed and adopted a completely new form of government, currently known and in use today as the Constitution of the United States of America.
I believe that gold, God, and glory were all prominent reasons for Europeans coming to the New World. I think that different countries each had different expectations of what they could achieve from colonizing in the Americas. Glory, however; impacted all of the countries that came to the New World. Spain took lead in the exploration of the Americas, the Spanish empire spread from Europe to the Americas and Asia (pg.24). Spanish explorer Cortez conquered the Aztec City (pg. 23) and Pizarro conquered the Inca kingdom which caused a multitude of riches to be able to go over to Spain. Which, of course, made Spain seem glorious. When the French and Dutch noticed the way Spain was expanding and gaining wealth, they hoped to do the same. Neither the French or the Dutch wanted land, nonetheless, they had a desire to take part in trade. The trade would not only enhance the wealth of
The American federal court system is found under Article III of the Constitution, which explains the founding of a Supreme Court as well as allowing the Congress to generate other federal courts. As we are all aware, before the ratification of the Constitution, our great country had been administered by the Articles of Confederation. During that time, the judiciary power did not exist, which arose concern towards the Articles. Secretary of State (later president), James Madison and one of the Founding Fathers Alexander Hamilton, both grew concern and decided to act. “the delegates gathered at the Constitutional Convention in Philadelphia in 1787 expressed widespread agreement that a national judiciary should be established” (Carp, Stidham,