Midterm Paper

Midterm Paper - Jose Revuelta Section 1R TA: L Cordero The...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Jose Revuelta Section 1R TA: L Cordero The Real Justice League of America When one thinks of the Supreme Court, one envisions doddering old octogenarians, hearing cases of little importance, merely adding judgment and nothing else. This may have been true when the Supreme Court was first created, since, during the drafting of the constitution; the Supreme Court received very little mention as to its powers and limits. Basically, it was seen as having little importance, merely created to bring judgment. Many would attribute this to the belief that it was to be the weakest of the three branches. In Federalist 48, the judiciary was hardly mentioned in but a few sentences only to say that their power was to be “described by landmarks.” This branch started off as the weakest department, and had to gain powers such as judicial review, original and appellate jurisdiction –all without the help of Congress or the executive branch. Most of the court’s powers were not mentioned in the Constitution; they were mentioned in the Judiciary Act. But the Supreme Court has become stronger through “landmarks” since the time of its inception. But how did the court gain the powers that are conceived of as normal characterizing traits of the court? It all began with the case of Marbury v. Madison, which established the power of judicial review. Judicial Review allows the Supreme Court to rule whether laws are constitutional or not. The Supreme Court gained power by stating that the Judiciary Act –which gave them the power to issue a writ of mandamus, among other powers– to be unconstitutional. A writ of mandamus is a formal written order issued by a superior court to compel a lower court or a government officer to perform mandatory order. In this case, Marbury wanted the Supreme Court to issue the writ on James Madison to force Madison to deliver the presidential appointment that entitled to him. John Marshall, the Chief Justice, ruled that Madison was wrong in not delivering the
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Jose Revuelta Section 1R TA: L Cordero appointment, but on the other hand the court could not force the writ since that would be unconstitutional. By making the court seem impotent in this case, they had in fact enhanced the power of the Supreme Court. Judge Marshall explains that it is the “province and duty of the judicial department to say what the law is”. The power of the Supreme Court is to determine the constitutionality of the legislative branch, otherwise known as judicial review. It is within the jurisdiction of the judiciary to facilitate and specify how the constitution is interpreted. Their role serves as a major player in determining both federal and state power. This landmark case helped
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This essay was uploaded on 04/14/2008 for the course POL SCI 40 taught by Professor Schwartz during the Fall '06 term at UCLA.

Page1 / 6

Midterm Paper - Jose Revuelta Section 1R TA: L Cordero The...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online