Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Judges if the position of Circuit Court Judges already taken up by others had been eradicated. Furthermore, they stated that the eradication of the Circuit Judges had been, in fact, illegal and undemocratic in accordance to Article III of the Constitution that stated that once authority had been assigned to a body, it had an enduring or life term; and giving Congress, the authority, to eliminate or eradicate the Circuit Courts had been against the judicial sovereignty promised. Another argument had been that the Congress could not and should not add to the responsibilities already handled by the Supreme Court Justices/Authorities mainly because the added responsibilities could burden them unnecessarily (e.g. As Circuit Court Justices in nisi prius courts) and divert the Supreme Court to pay attention to what their main and chief duties are as a Constitutional Judiciary Structure/Arbitrator (Tushnet, 2005).
Tushnet (2005) writes that problems intensified when all of these arguments had been ignored and discarded by the Chief of Justice, John Marshall, who had been appointed as the Circuit Court Judge in the lawsuit, and refused to appear in the appeal of the lawsuit in the Supreme Court which was an anomaly by general standards. This action when continued in the Marbury vs. Madison lawsuit had been really odd, keeping in mind, that it had been Marshall's disappointment as the Secretary of State that led to the Marbury lawsuit in the first place. Hence, the decision of Marshall to refuse to appear in the Stuart v. Laird appeal at Supreme Court after passing a decision on the case is one of the rarest and the chief examples when the Supreme Court had to pass judgment that the Chief of Justice, Marshall, had not himself passed or approved and instead Justice Paterson had to take up that particular role (Tushnet, 2005).
According to Dorf (2004), Justice Paterson took up a balanced approach on the whole case by not directly deciding that the eradication of the Circuit Court Judges along with the Courts had been in violation of the Constitution's Article III chiefly because none of the judges had been interested in taking up the issue legally. In its place he simply decided that the revocation of the Circuit Courts in the Judiciary Act of 1801 and the re-formation of the Circuit Courts within the Supreme Court Structure as presented in the 1802 Act had been not illegal or undemocratic. The matter, in Paterson's opinion, was settled by allowing the Supreme Court Justices to be Circuit Courts Judges as well, just as part of the initiation of the Federal Judicial System (Dorf, 2004).
According to Dorf (2004) the lawsuit of Stuart was a lot more important that Marbury's as it unfastened the complete surrender by the Supreme Court to the latest political truth: Jeffersonian domination as the Ruling Party. Taking into consideration both the lawsuits, Stuart v. Laird and Marbury, he states that the Supreme Court had acted under political and administrative demands imposed on them at that particular moment. The Supreme Court decided in favor of Marbury and declared that his rights had been indeed debased by the Jefferson ruling party and he had every right to pursue legal fees; however, Marbury would not get his legal fees because the Judiciary Act of 1789 was, at the time of the case, deemed illegal, also the court also decided that the Jeffersonians had the right to eradicate the Circuit Judges and Courts. The combination of the two decisions is beyond genius as Chief Justice Marshal had been able to hold-high the important articles of the Repeal Act of 1802 through the interpretation and application of a far less important act of 1789, giving the Jefferson Ruling party the approval of the rules and regulations (Dorf, 2004).
The Marbury lawsuit is almost every time deemed as the pioneering case whereby the theory of the Sovereign American Judicial System had been established. In accordance with this point-of-view, the Marbury case signified the weight of separating the regulatory parties from the political tug of war and highlighted the main task of the Supreme Court as the executor of the laws and regulations without succumbing to the political strife and compulsions that they might face. However, upon looking at the case from a different angle, this viewpoint changes drastically. The Madison vs....
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