Midterm Essay - Section D Question 1 I disagree with the...

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Section D Question 1 I disagree with the statement that Supreme Court justices must never allow considerations of their beliefs as to “what is good for the country” to have any part in the process of deciding cases. What is good for the country is an important contemplation of the court, as evidenced by the Supreme Court’s long precedent of taking it into deliberation in cases and not ruling solely on constitutional grounds. And in cases of war and national security the court has rightly made their belief of what is good for the country a staple in their decisions. The idea of doing what is good for the country, not simply what is believed to be constitutionally correct, can be found in numerous decisions laid out by the Supreme Court. In Marbury v. Madison Chief Justice Marshall’s ruling does not result in Marbury being appointed Justice of the Peace in the District of Columbia. Had it done so it likely would have resulted in a showdown with President Jefferson, with the court having no power to force Jefferson to appoint Marbury. Marshall thus prevents a controversy which could have damaged the credibility of the court and the constitution because he considers what is best for the young nation and structures his opinion to avoid ordering the appointment of Marbury. Payne v Tennessee also incorporates the question of what is best for the country
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This note was uploaded on 04/07/2008 for the course MGMT 200 taught by Professor Gautschi during the Fall '07 term at University of Washington.

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Midterm Essay - Section D Question 1 I disagree with the...

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