Paper Details  
 
   

Has Bibliography
4 Pages
920 Words

 
   
   
    Filter Topics  
 
     
   
 

Marbury vs Madison

impeachment of Marshall and reduce the prestige and authority of the Court. The only other option was to surrender to Jefferson, which was not a choice for Marshall, but he found a way out, giving him the title “Founder of Constitutional law”. Marbury was entitled to his commission and the acts of Madison were a violation of the law, but the Supreme Court could not authorize a writ, for it wasn’t in their power. Marshall backed this weak argument up with section 13 of the Judiciary Act of 1789, in which he stated “the court could not issue mandamus except on cases that came to appeal from lower courts, and this case was directly originated from the Supreme Court.” He backed up this idea when he suggested that “it was the duty of the judicial department to define what law was” and that they had a right to null any law that was unconstitutional, thus section 13 failed to exist and writ could not be issued. Therefore Marshall managed to disparage his enemies and escape impeachment, as well as established new authority in the Supreme Court, and introduce the idea of judicial review. This idea of judicial review initiated by Marshall has become the most distinguishing trait of the American constitutional system and a precedent of power in the judicial system today. “He won his fight to preserve the independence and integrity of the system,” and constituted an expansion employed today, that amplifies the power of the federal government to allow the Supreme Court to void a law that is unjustifiable under the constitution. On the whole, the case of Marbury Vs. Madison was of little importance in the huge governmental issues, but the precedents established by it possessed the most significance any case has had on the judicial institution and the authority that governs us today....

< Prev Page 3 of 4 Next >

    More on Marbury vs Madison...

    Loading...
 
Copyright © 1999 - 2025 CollegeTermPapers.com. All Rights Reserved. DMCA