The Case Of Marbury Vs. Madison

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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. During the case of Marbury vs. Madison, the Supreme Court’s power comes into question. Judicial review, the ability to deem Legislative or Executive acts Unconstitutional, is the power that is transparent in the Constitution, but is needed. Without this power, the system of checks and balances falls into shambles, due to the fact that current powers of the Supreme Court are too weak. Under these circumstances, the Supreme Court must have the power of Judicial Review; to enable a balanced government. The Supreme Court, one part of the main three parts of government needs to be equal in power. Without the power of Judicial review being granted, the other two systems; Legislative and Executive will have a greater influence on our democratic government system. In Brutus, No. 15 1788, it is stated: “The Judiciary, on the contrary has no influence over either the sword as the purse; no direction either of the strength of the wealth of the society; and can take no active resolution whatsoever.” The government is specifically for the people, but it may go too far when trying to protect the people, and will impose upon people’s rights. Without the Supreme Court’s power of Judicial Review, the people will go unr... ... middle of paper ... ...people’s rights. With each law that is created, the Constitution must be relevant. All laws must be created in the image of the Constitution to ensure the freedoms of the people. The Supreme Court will continually check over laws that cause an uprising from the people to determine if the law follows suit with the Constitution. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” This excerpt from the Constitution establishes the importance of all our freedoms as Americans and our basic morals. To protect them from an unbalanced government, the Supreme Court must have the power of Judicial Review.

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