The Supreme Law Of The Land Under Article V. Madison Essay

The Supreme Law Of The Land Under Article V. Madison Essay

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Eugene Smith
Government 110
Ratified in 1787(IIP), the American constitution became the supreme law of the land under article VI of the document: and when the Supreme Court has appropriate jurisdiction, they have the definite power to determine what is says. However, under special circumstances this can be refuted due to article III of the constitution states that congress has the power to make exceptions to the court 's appellate jurisdiction(Heritage). Ergo, while the Supreme Court has the power to say what the constitution is, Congress has the power to grant or remove jurisdiction from any appellate case that is not considered original jurisdiction.
The power the Supreme Court has today stems from the case of Marbury v. Madison: a hearing commonly known for the establishment of judicial review(PBS). Through this case the court under Chief Justice Marshall came to three conclusions: Marbury has the right to be commissioned as a Justice of the Peace, the court should be able to provide a writ of mandamus under the Judiciary act of 1789, and the fact that the Supreme Court has the power to issue such a writ under section 13 of the Judiciary act is unconstitutional (Marshall). The law being referred to in this case is section 13 of the Judiciary act of 1789 which extends the cases in which the court has original jurisdiction(U.S Statue Page). Article III section 2 states that supreme court only has original jurisdiction “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party”(Constitution). However with this addition the court would now be able now have jurisdiction over:

“all controversies of a civil nature, where a state is a party, except between a state and its ci...


... middle of paper ...


...the constitution is, how would you know when they are wrong? Just like there would be a conflict of interest if Congress had the role of determining the constitutionality of their own laws: there is a conflict when the courts use a set of inconsistent rules that they adjust to determine what is right and wrong. This is essentially the fatal flaw of the courts: every question of law is a question of interpretation(Finn), and when everything is based off of interpretation there is either no absolute truth, or it 's hard to find. Rather, there is only subjective viewpoints of what is good or correct, and this varies between Justices, time periods, and public opinion. This is evident in the accumulation of the Slaughter House Cases. During this poorly ruled case, the majority dissented that 14th amendment did not protect citizens privilege of the Bill of Rights, instead

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