Marbury v. Madison
The issue before the Supreme Court was the question of the court?s own
constitutional authority, and to decide whether or not to issue the writ and if this would
make the court seem weak.
The facts of the case that were presented in the court was that this particular case
was, in fact, being thrown before the Supreme court, and there was an argument as to
whether or no the court real had the jurisdiction to decide this case at all. The result of this
case was that the Supreme Court decided to entitle Marbury his court order. It was the
first time the Court openly declared an act of Congress unconstitutional. The Court ruled
that Congress exceeded its power in the Judiciary Act of 1789 and it established its power
to review acts of Congress and declare invalid those it found in conflict with the
Constitution. I actually think that the framers of the constitution would have consented to
the idea of the Court to have this power of Judicial Review, because it works out quite
well for the system of checks and balances because without it Congress would almost have
too much power and I am sure the framers wouldn?t have accepted that.
If the decision had not have validated the idea that the Supreme court had the
power of Judicial Review, then Americans would have been a little concerned about the
competency of the Court and would have thought that it was acting outside it?s
jurisdiction. Justice Marshall stated that the power to decide this case did not come from
the constitution, but from an act of Congress. The Supreme Court further more had
original powers that extended beyond the constitution, so, in this case, it had the right to
pass judgment. The point of this was in case the Court had to decide, without Congress, if
certain cases had to be decided in Court and not in Congress to allow the Supreme Court
to go above Congress?s head to make an Important decision, and see for itself if the
decision of Congress was deemed unconstitutional and if it should be decided in court.
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Как писать рефераты Практические рекомендации по написанию студенческих рефератов. |
| ! | План реферата Краткий список разделов, отражающий структура и порядок работы над будующим рефератом. |
| ! | Введение реферата Вводная часть работы, в которой отражается цель и обозначается список задач. |
| ! | Заключение реферата В заключении подводятся итоги, описывается была ли достигнута поставленная цель, каковы результаты. |
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