Question.708 - Some questions to help guide your discussion: (1) What issues did the Court address, and which ones did it ignore? (2) What conclusion did the Court reach on the issues, and what reasoning/rationale did the Court use to explain its conclusion? (3) Is its conclusion right, would you come to the same conclusion today, and why or why not?
Answer Below:
Considering Marbury v. Madison [1803] from chapter 2 reading, it was a legitimate type of scenario in that the United States Supreme Court affirmed on its own and the federal judges established by Congress the influence of judicial review, allowing legislature, in addition to executive and regulatory decisions, presumed implausible only with the United States Constitution to be abrogated and thus undefined and invalid (Black, 2004; Madison, 1803; Orren, 1994). State courts ultimately gained parallel authority over state constitutions. Marbury v. Madison is significant since it created legal competence of judicial review for the United States Supreme Court and subordinate judicial branch in regard towards the Constitutional authority, and later for analogous state courts with regard to federal?constitutions. Judicial review will serve to guarantee to ensure the judiciary, like the legislature and executive departments, continues as a subordinate governmental entity. From understanding the verdict of the case, I believe the final judgment has been made with a lot of considerations; though Marbury v. Madison established permanent precedence for the judicial authority within this field, it did not resolve the controversy concerning the legal jurisdiction of the judicial branches in terms of federal courts. The appointed judges are not even required to acquire respect through democracy. This allows courts to?complete hubris when opposing more recognized elected politicians. Quite frequently, it is a little aristocracy clique of people that say that any of the work and sacrifice of?people has been squandered and that the taxpayer dollars has been squandered. ?In truth, the problem is unlikely to be totally fixed. However, the truth remained that the judiciary consistently asserted and utilized the authority of judicial review for the vast majority of American heritage. Furthermore, the concept corresponds to the government's adherence to balance and accountability. ? References Black, G. (2004). Marbury v. Madison (1803). Thomas Jefferson: A Free Mind, 129. Madison, M. V. (1800). Marbury v. Madison. Timeline, 1801. Madison, M. V. (1803). 5 US 137. Orren, K. (1994). The work of government: Recovering the discourse of office in Marbury v. Madison. Studies in American Political Development, 8(1), 60-80.More Articles From LAW
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