Compare And Contrast Marbury Vs Madison

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Marbury vs. Madison In Marbury vs. Madison, the Supreme Court, for the first time, struck down an act of Congress as unconstitutional. This was a landmark case that created the doctrine of judicial review and setup the Supreme Court as the chief interpreter of the Constitution. From then on, the Supreme Court of the has had the power to dictate the constitutionality and validity of the acts of both the Legislative and Executive branches. Ever since Chief Justice John Marshall finalized the decision that established the judicial review, it has set the stage for critical cases that were made like Roe vs. Wade and Brown vs. Board of Education. After being defeated by Thomas Jefferson in the 1800 Presidential Election, President Adams appointed many Federalist judges to fill government posts created by Congress. These commissions were not met by James Madison, the Secretary of State for Jefferson. As a result, one of the appointees, William Marbury, filed a writ of mandamus demanding that Madison deliver the commissions. The Supreme Court denied the request, stating that part of the Judiciary Act of 1789 was unconstitutional. This landmark court case established the concept of Judicial Review, the power to determine if a law or act is unconstitutional. This case brought the judicial branch equal…show more content…
In response, the Unfunded Mandate Reform Act was established. Under this law, any mandate with an uncompensated state and local cost estimated to be greater than $50 million a year can be stopped by the House or Senate floor. By Preventing Congress from passing these costly federal programs, more power was returned to the states. Unfunded mandates and the Unfunded Mandate Reform Act are prime examples of the power balance that is between the federal government and the
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