Marbury v madison 4 justice marshalls claim of the

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Marbury V. Madison 4
Justice Marshall’s claim of the influence of judicial review was constitutional as there are provisions relating to judicial review. While the constitution does not implicitly define the controls of judicial assessment, the powers are termed to be consequential from Article VI and Article III. These provisions give the courts the authority to decide the appropriate law in each case. However, even with these provisions in place, the constitution is still the supreme edict of the land. The courts have the task of interpreting and applying the constitution and deciding whether a statute is in conflict with the constitution. All judges should follow the constitution as the supreme authority in making lawful decisions. If a conflict arises, the judges are bound to consider the contradictory decree as void and unenforceable. The Supreme Court is the final court for appeals on matters concerning the interpretation of the constitution. Its decisions on the constitutionality of statutes are final and binding. When creating the various branches of the government, the founding fathers intended them to be balances and checks against each other. James Madison, john Jay and Alexander Hamilton wrote an article defending the constitution in The Federalist. They elucidated that a durable national administration must have built-in restraints. They claimed that you must require the government to control the governed and itself. The constitution’s writers gave the legislative and executive branches controls that would limit each other as well as the judiciary branch of government. Congress had the power to denunciate and take out officials including even the president. The president on the other hand, had the power to restrain congress and could appoint judges of the Supreme Court with the consent of congress. In this system of checks and balances, the Supreme Court had no role. Judge Marshall filled this gap by establishing the principle of judicial review. The decision in Marbury v Madison made the Supreme Court the main authority in disputes concerning state and federal power. Part of the idea of Checks and Balances, is that Marbury V. Madison 5
the Supreme Court can override another branch of government, if an act is unconstitutional. This created another check by the judiciary over the executive and enhanced the overall system of checks and balances. References: Clinton, R. L. (1989). Marbury v. Madison and judicial Review (pp. 5-6). Lawrence, KS: University Press of Kansas. Madison, M. V. (1800). Marbury v. Madison. Timeline, 1801. Marshall, C. J. J. (1803). Marbury v. Madison. Domestic Expansion and Foreign Entanglement, 4, 1797-1820. Nelson, W. E. (2000). Marbury v Madison: The Origins of Judicial Review. Marbury V. Madison 6

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