Marbury v. Madison, 1803
1. The Marbury v. Madison case established
the right of the Supreme Court to rule on
the constitutionality of laws.
2. It provided a way to check the powers
of Congress and the president, and thus
more effectively balanced the powers of all
three branches of the federal government.
3. On the one hand,Marshall declared the
Judiciary Act unconstitutional because the
power for Congress to pass such an act
was not mentioned in the Constitution. Yet
at the same time he believed the Supreme
Court had the power to declare a law
unconstitutional, even though this power
was not specifically mentioned in the
Constitution.
4. Answers will vary. Students who favor
the Court's power may say that it provides
a check on Congress and more equally
balances the power of the three branches
of government. Students who oppose
the Court's power may say that since
Congressional representatives are elected,
they represent the will of the people, so
the laws passed by Congress should stand
and not be subjected to a review by a
Court of appointed judges.
5. Answers will vary. Students who think the
influence of personal politics on Court
rulings is improper may say that legal opinions
should be based on a legal interpretation
of the Constitution law and not on
politics. Students who accept political
influence on Court rulings as proper may
say that it often reflects the will of the
majority.
CASE
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