The Constitution gave the Supreme Court the responsibility to uphold the Constitution as the "Supreme Law of the Land," that is, supreme against Federal laws and State laws. Although each State had its own State Constitution and a Judiciary tasked with upholding the Constitution, State laws that violated the Federal Constitution could be overturned by a Federal court.
The Power of the Judiciary Relative the Legislative and Executive ranches

The Framers of the Constitution viewed the Judiciary as a Check on the other two branches, not necessarily as a dynamic force in itself. In the Federalist Paper No. 78, James Madison wrote that "…the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution . . . [it] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive…...

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Bibliography

Marbury v. Madison, 5 U.S. 137 (1803)

The United States Constitution

The Federalist No. 78

Marbury v. Madison
President John Adams appointed William Marbury to be a justice of the peace. Normally that would have been perfectly acceptable, except for the act that Adams made the appointment two days before he left office (Faragher, et al., 2009). Thomas Jefferson, who took over the office of the Presidency from Adams, did not want Marbury to be a justice of the peace, so he denied the position by telling his Secretary of State, James Madison, to withhold the commission that would have to be delivered in order to make Marbury's appointment official (Faragher, et al., 2009). When Madison withheld the commission, Marbury filed a lawsuit requesting that the Supreme Court issue a writ of mandamus and force Madison to give Marbury the commission (and, therefore, the position) he believed he was owed (Faragher, et al., 2009). The goal of the lawsuit was to get the position he wanted…...

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References

Faragher, J.M., Buhle, M.J., Czitrom, D., & Armitage, S.H. (2009). Out of many: A history of the American people, Volume I (5th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. Chapter 9 pages 215-220.

Marbury v. Madison
Facts of the case

hat were the circumstances of Marbury v. Madison in 1803? hy do some scholars and historians refer to Marbury v. Madison as among the most important cases to ever come before the United States Supreme Court? This paper covers the issues surrounding this case, presenting the facts and scholarship relating to the case as well.

Facts of the case

This was the first case to reach the Supreme Court in which the principle of "judicial review" was used. The judicial review concept came into play because the federal courts for the first time utilized their power to overrule legislation by Congress that went against the United States Constitution. The election of 1800 the Federalists (John Adams' party) were defeated by the party led by Thomas Jefferson, the Democratic-Republican party. This led to what the Public Broadcast Service (PBS) explains was an "atmosphere of political panic for the…...

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Works Cited

Case Briefs. "Marbury v. Madison." Retrieved August 14, 2014, from   2008.http://www.casebriefs.com .

McBride, Alex. "Supreme Court History: The Court and Democracy." KCET. Public

Broadcasting Service. Retrieved August 14, 2014, from   2006.http://www.pbs.org .

Schotten, Peter. "Marbury v. Madison, Rightly Understood." Perspectives on Political

Marbury v. Madison was a case between William Marbury and James Madison in 1803, which sparked one of the most important decisions made in American history. The case itself has actually enabled the Supreme Court to declare an act of law unconstitutional. Marbury v. Madison also further established the idea of judicial review within the United States, allowing the courts some power in nullifying the decisions of one branch of government. It allowed for the U.S. form of "checks and balances" in the government.
Battle of Saratoga

The battle that took place in Saratoga at 1777 was a major patriotic victory during the American Revolutionary War. Commander John Burgoyne surrendered in October 17, 1777, after having been surrounded by General Horatio Gates. This was not only a British defeat, but it also indicated the general setbacks for the Iroquois leaders who sided with the British army. The Iroquois Confederacy was divided, losing…...

Marbury v. Madison legal case involved a divergence between illiam Marbury and James Madison on account of how the latter did not act in agreement with former (he finished his term before Madison was appointed Secretary of State) President John Adams' command to deliver several appointments naming Federal circuit judges and Federalist justices. Madison did not act on this command because he was under the power of the newly appointed President, Thomas Jefferson. Jefferson knew that by allowing the appointments to be delivered he would have provided Federalists with the opportunity to exercise control over the federal judiciary.
Jefferson motivated his thinking by emphasizing that the commissions were invalid because they were not delivered by the end of Adams' term. This meant that federal justices would be appointed by a person who was not in the position to make such appointments. Marbury reacted by claiming that he had a right…...

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Works cited:

"Marbury v. Madison -- Case Brief Summary," Retrieved September 13, 2013, from the Lawnix Website:  http://www.lawnix.com/cases/marbury-madison.html 

"RES JUDECATA," retrieved September 13, 2013, from the Cornell University Law School Website:  http://www.law.cornell.edu/wex/res_judicata 

"STARE DECISIS," retrieved September 13, 2013, from the Cornell University Law School Website:  http://www.law.cornell.edu/wex/stare_decisis

Marbury v. Madison
Judicial Review and Marbury v. Madison

Judicial review is the principle that the Supreme Court has the responsibility for deciding whether Congressional actions and the authority to nullify those laws that, in it's opinion, are unconstitutional. Though legislative nullification is not specifically mentioned in the Constitution as one of the Supreme Court's mandates, in practice judicial review is an extension of the principle of "checks and balances" inherent in the U.S. federal government's separation of powers. The Supreme Court established the principle of judicial review in the case of William Marbury v. James Madison, Secretary of State of the United States (usually referred to simply as Marbury v. Madison), which was decided on February 24, 1803. Though at first glance this case appeared to be a victory for the Jefferson administration, in reality, by institutionalizing the principle of judicial review, it decimated the Democratic-Republican assertions of the supremacy of…...

Legal Issues Presented
With regard to deciding the Marbury v. Madison case, Chief Justice John Marshall faced the following three legal challenges. Firstly, was the petitioner entitled to the said writ? Secondly, did American laws permit the granting of this sort of writ to Marbury? Lastly, if the answer to the second question was in the affirmative, could this sort of writ be issued by the US Supreme Court?

With respect to the very first issue raised, the Chief Justice held that the petitioner had been appointed appropriately according to legally-set down procedures, thus being entitled to this writ. Furthermore, owing to the petitioner's legal entitlement to the commission, he should be offered a remedy by the law. Marshall further stated that the courts were especially duty-bound to safeguard citizens' rights -- even if it was against the nation's president himself. At that time, his ill-disguised reprimanding of President Thomas Jefferson regarding…...

Marbury v. Madison (1803) impact on the daily lives of American citizens In 1803, Marbury v. Madison made the US Constitution as the supreme law, affirming the authority of the Court over judicial review. The U.S. Supreme Court concluded that the federal courts are allowed to overturn the decisions of the other arms of government in the event that they act contrary to the Constitution (GROSSMAN). This is one of those "checks and balances" that are the core of the national government's function.

In 1800, Thomas Jefferson, a Democratic-Republican, beat John Adams, a Federalist in becoming America's third president. Right before Adam's retirement, he introduced new positions in the judiciary, which he gave to his political partners. After Jefferson became president, James Madison, the State Secretary, refused to submit the commissions responsible for allowing judges to go back to work. Some of those who had been appointed, in inclusion of William Marbury,…...

Marbury v. Madison case is a Supreme Court case that is studied due to its legal and historical significance. In the United States, this is the pioneering as well as most influential legal proceedings ever experienced. The case was the first one of that kind as it looked into the administrative that has been classified given that the law involves all interactions involving the Federal Government (Law.com, 2015).
A Federalist, President John Adams, ran for reelection and lost to Thomas Jefferson of epublican Party. It was the same election that saw the federalist lose control over Congress. However, Adams and Federalist Party maintained their control for a few months. This was before the newly elected President and the new Congress took office. It was during this time that Adams decided to persuade the Judiciary Act of 1801 to be passed by the Congress into a new law. The act gave powers…...

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References

Infoplease. (2005). Marbury v. Madison (1803). Retrieved from Infoplease:  http://www.infoplease.com/us/supreme-court/cases/ar20.html 

Law.com. (2015). Marbury v. Madison. Retrieved from Law.com:  http://kids.laws.com/marbury-v-madison 

(1995). Milestone Documents in the National Archives. Washington, DC: National Archives and Records Administration.

Marbury, the president of the United States appointed him a justice of peace... And that the seal of the United States, affixed thereto by the secretary of state, is conclusive testimony of the verity of the signature, and of the completion of the appointment; and that the appointment conferred on him a legal right to the office for the space of five years...he [Marbury] has a consequent right to the commission; a refusal to deliver which is a plain violation of that right, for which the laws of his country afford him a remedy" (Marshall 1803). However, "the authority, therefore, given to the supreme court, by the act establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the constitution," so Marshall stated the U.S. Supreme Court had no direct authority to issue the writ under the…...

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Works Cited

Grossman, Joel. "The 200th Anniversary of Marbury v. Madison:

The reasons we should still care about the decision, and the lingering questions it left behind." Findlaw. February 24, 2003. March 15, 2009.  http://writ.news.findlaw.com/commentary/20030224_grossman.html 

Marshall, John. Marbury v. Madison (1803). Landmark cases. March 15, 2009.  http://www.landmarkcases.org/marbury/majority.html 

Using documents to decide the outcome: The Constitution and the Judiciary Act of 1789."

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.
orks Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National

Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.

National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.

Linder, Doug. "Judicial review." Exploring Constitutional Conflicts. 2004. University of…...

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Works Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery Website. 2004. Arlington National

Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Constitution provides depicts what is necessary to amend the Constitution. Either two-thirds of both Houses of the Congress, or an application by the legislatures of two-thirds of the several States, can call for a convention proposing amendments to the constitution. Ratification requires that the Legislatures of three fourths of the several states or Constitutional conventions in three-fourths of the states approving the ratification of those amendments. herefore, the Founding Fathers simultaneously ensured that the Constitution would be a living document, while also taking steps to preserve the Constitution and make it somewhat invulnerable to the changing whims of people.
he Founding Fathers appear to have had some trepidation about the idea of changing the Constitution. After all, the Constitution was the result of literally years of debate. It was not the first document to govern the former colonies after gaining independence from Great Britain, and the first system proved untenable.…...

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Texas v. Johnson (1989)

In Texas v. Johnson, the Court took a significant, but very controversial, step to protect the freedom of speech in the United States. The underlying facts of the case are problematic for many people, and the case made it clear that First Amendment guarantees are meaningless unless they protect those whose views are repugnant to the majority of Americans. Gregory Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas. During that demonstration, he poured kerosene on and burned a stolen United States flag. He was charged with and convicted of desecration of a venerated object, a Texas statute aimed at preventing just such actions. Johnson's position was that burning the flag was symbolic speech and that, as such, it had First Amendment protections. The State of Texas' position was that it had an interest in preserving the flag as a symbol of national unity and maintaining order, and that both of those interests were more important than Johnson's free speech rights. The Texas Court of Criminal Appeals agreed with Johnson's position and overturned his conviction. The State of Texas then asked for the Supreme Court to review the case.

The Court agreed with the reasoning of the Texas Court of Criminal Appeals. First, it concluded that burning the flag constituted expressive conduct, which made it symbolic speech and brought it under the protection of the First Amendment. The protection of free speech is not limited to the spoken or written word, and the Court had a history of protecting symbolic speech. While determining whether an activity is considered speech may be fact-specific, the facts in the case made it clear that Johnson burned the flag as an act of communication. Moreover, it was an act of political communication, and political speech receives one of the highest degrees of protection under the First Amendment. Texas' desire to create a feeling of unity among its citizens was not a compelling state interest, and burning the flag did not create any type of danger. Therefore, Johnson's activity was protected. Of course, the irony is that, had he been in another country, he would not have had the freedom to protest the country in the same manner that he had in the United States.

8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..

b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..

c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..

d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.

e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…...

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A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.

10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)

The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."

American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term jurisdiction is used to refer to the legal authority or power of a court, government, or administrative body to administer justice, make decisions, and enforce laws within a defined geographic or specific subject matter area. The term also subsumes the scope and degree of authority that is assigned by operation of law to govern and regulate people and their actions. According to the editors of American Government (hereinafter the text), original jurisdiction is constitutionally reserved to the Supreme Court. In this regard, the text states, In cases of original jurisdiction the courts cannot decide the U.S. Constitution mandates that the U.S. Supreme Court must hear cases of original jurisdiction (chap. 13).Therefore, all cases besides those involving disputes between the several states…...

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ReferencesAmerican Government, 1st ed. Textbooks. Retrieved from   v. Wade. (2023). Center for Reproductive Rights. Retrieved from https://reproductiverights. org/roe-v-wade/#:~:text=In%20June%202022%2C% 20in%20a,no%20constitutional %20right%20to%20abortion.Shoemaker, K. et al. (2023). “Abortion Was a Crime”? Three Medievalists respond to “English cases dating all the way back to the 13th century corroborate the treatises’ statements that abortion was a crime.” Law & History Review. Retrieved from https://lawandhistory review.org/article/abortion-was-a-crime-three-medievalists-respond-to-english-cases-dating-all-the-way-back-to-the-13th-century-corroborate-the-treatises-statements-that-abortio/.https://textbooks.whatcom.edu/amgov/ .Roe

Revolution, Constitution and Enlightenment The American Revolution and the ensuing U.S. Constitution put forward by the Federalists were both products of and directly informed by the European Enlightenment. The Founding Fathers were considerably influenced by thinkers like Locke, Voltaire, Rousseau and Montesquieu (whose separation of powers served as the model of the three-branched government of the U.S.). This paper will explain how the European Enlightenment set the stage for the American Revolution and U.S. Constitution by putting out the ideas that the Americans would use as the basis of the political and social foundation.
The Enlightenment aka the Age of Reason was an Age in which natural philosophy assumed the vaulted position of guiding light over the preceding Age of Faith, which had served as the socio-political basis in Europe for centuries. The Reformation had upended the Age of Faith and introduced secularization into the political realm (Laux), particularly via the Peace…...