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coursehero5 - Constitutional Law Final Gerald R. Brennan,...

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Constitutional Law Final Gerald R. Brennan, Esq. 1. Marbury v. Madison is considered the most important decision in constitutional law. It was the first case to be decided by the first Supreme Court in the United States in 1801. William Marbury was appointed to office under President Adams, but this appointment was disregarded by Secretary of State Madison. Marbury, upset at being denied his appointment, brought suit before the Supreme Court headed by Justice John Marshal. The court’s reasoning for this decision is as follows. First, the court determined that Marbury was entitled to his appointment under President Adams. Second, the court deliberated as to the remedy for this injustice. This was determined to be a writ of mandamus, or an order to force Madison to deliver the appointment. Finally, the Supreme Court decided not to issue a writ of mandamus because the Judiciary Act of 1789 which would have allowed the court to do so was not within their jurisdiction because it violated Article III of the Constitution. With this act the court established the power of judicial review of legislature and created the power to invalidate legislation that conflicts with the Constitution. Marbury v. Madison gave the Supreme Court the power to declare acts of Congress unconstitutional if they conflict with the Constitution. This also gave the Supreme Court the power to interpret the Constitution. This case is considered the most important decision in constitutional law because it established the Supreme Court as an equally powerful branch of government as the legislative and executive branches. This provides for our system of checks and balances
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coursehero5 - Constitutional Law Final Gerald R. Brennan,...

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