jc wa 3 - Jordan Cooper Political Science 320 Writing...

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Jordan Cooper Political Science 320 Writing Assignment #3 1. The role of the US Supreme Court as the proverbial umpire of the Federal system is a concept that has evolved quite a bit over the years. The case of Marbury versus Madison was the basis for the exercise of what we know as judicial review in the United States. I would say that it is an interpretation of the Constitution as applying to the law and politics of government. It implies the power of federal courts to consider or overturn any congressional or state legislation deemed inconsistent with the Constitution. Presidential Veto was replaced by the Supreme Court. As the years went by, the framework built by that particular case, as well as the many that would follow it have shaped the Supreme courts role and have produced rulings that are looked back upon even in today’s day and age. At times the courts have fallen on the states having supremacy and at other times it has sided with the Federal level having supremacy. The differences in the Supreme Court rulings from these various eras can be seen routed mostly in the areas of commerce, economic development, and more recently political equity. Through this essay, I am seeking to further examine the US Supreme Courts role as umpires by analyzing the many cases that help shape their influence on American Federalism, point out the differences in the rulings based on their specific eras, and surmise the primary reasons for these longstanding actions and evaluations. If find it necessary when examining the US Supreme courts role as umpire prior to the New Deal to initially describe more in depth the case of Marbury versus Madison as it is credited with being the place where the court was first given it’s purpose. This took place in 1803, when there was an evident power struggle between President Jefferson, secretary of the peace William
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Marbury, and secretary of state James Madison. Then Chief Justice John Marshall deemed that Marbury’s petition for Madison to issue a writ was unconstitutional. This was the first time that the Supreme Court had deemed something unconstitutional. In the end, this case established the independence of Judiciary Review and helped define checks and balances within the American government. From this point on, the presidential veto was replaced with judicial review. This was based on the principle that the court doesn’t enforce, it interprets and the executive (president) carries out. I am personally of the belief that without this case unfolding in the manner in which it did, the course of political history in this country may be entirely different. Because of this ruling the Supreme Court now is able to review state and federal law/policy and be counted on to provide checks and oversight on what is and what is not made legal. This is a good thing as it placed limits on individual’s politicians, congress, and the president’s exertion of power. McCulloch versus Maryland in 1819 dealt more with the intervention of federal powers
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jc wa 3 - Jordan Cooper Political Science 320 Writing...

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