John Marshall's Case: The Case Of Marbury Vs. Madison

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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. Congress had inadvertently expanded the power of the Court. Marshall decided that this section of the Judiciary Act was unconstitutional and motioned for it to be thrown out. …show more content…

Madison led to the Supreme Court being the final arbitrator of the meaning of our nation’s Constitution. When trying to reconcile this historical precedent with the concept of the “political question doctrine”, we must first determine the true function of this doctrine. In US Constitutional law, the political question doctrine is closely linked to the concept of justiciability. Justiciability is decided by the Court in a particular fashion of common law. Its only constitutional guidance is in Article III, Section Two. It is used to determine whether or not the court system is an appropriate forum in which to hear the case. Court systems have authority to hear and deicide questions of legality and law. This does not include politically charged disputes. Legal questions are deemed to be justiciable, while political questions are non-justiciable. So the political question doctrine can be seen as a tool to not only control the Court’s workload, but also ensure that the justices can avoid making decisions on highly politicized issues. Which, in itself, can be seen as a political move in favor of the legislative and executive …show more content…

Marshall purposefully empowered the judicial branch with this capability in the hopes that it would ensure that the other branches of government are always abiding by the Constitution. On the other hand, the political question doctrine seems to leave the “last word” to the political branches. The doctrine is designed to aid the judicial branch in their endeavors to avoid unnecessarily inserting itself into conflicts between the federal government branches. For example, in the Supreme Court case of Baker v. Car, the Court outlined that the political question doctrine is based primarily on the separation of powers. When a question is entangled with any of the other two branches of government it presents a political question. This case set a precedent that under these circumstances the Court will not answer such an inquiry without further clarification from the legislative and executive bodies. Going back to the idea of justiciability, we can conclude that there are some questions that are simply best resolved through the political processes. The Supreme Court and all other court systems must respect this assertion in order to maintain their own integrities. When both of these historic managerial policies are followed and respected by all three branches of government, we are presented with a somewhat harmonious bond between the judiciary and politics. This is one way in which our nation’s

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