What I mean by that is if the executive branch didn’t like something that the judicial branch was doing they could off a change or a different solution. So to make a long story short these branches weren’t completely separate. Written in Federalist Paper #51 it states that “The three branches should not be so far separated as to have no constitutional control over each other.” (Doc C) I also think that when Madison said that “The different governments will each control each other, but at the same time they each will also control themselves.”
This statement from the passage shows that the Supreme Court is depended on to choose what’s right and what’s wrong for us. Secondly, I believe that the Supreme Court is given too much power because the Judicial branch, which includes the Supreme Court, is envisioned as superior than the others. In
The remedy given to Marbury stated that because the document had been sighed by an elected president and the signature had been confirmed he had a right to the justice position. The granting of this position did not violate the laws and the antifederalist could not keep Marbury from receiving the commission. More important this case set the precedent for judicial review the courts do have a right to issue a law unconstitutional. This precedent was made because the constitution is superior to any ordinary act of the legislature. Marbury V Madison-Case Brief)
1. Marbury vs. Madison On his last day as president, John Adams appointed a Federalist by the name of William Marbury as the peace justice in the District of Columbia; however, Adams could not send Marbury’s commission prior to midnight. When Marbury was refused a notification of his appointment by Jefferson’s secretary of state James Madison, he implored that the Supreme Court issue a writ to oblige delivery. This case of 1803, Marbury v. Madison, was ruled by Chief John Marshall, who ruled that Madison should have provided Marbury’s commission. However, Marshall stated that Madison had no legal requirement to do so, as the Judiciary Act of 1789 that allowed the Court to issue such a writ was deemed unconstitutional.
In addition, James Madison stated the idea of Checks and Balances and what it will do to the government, “...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other... The three branches should not be so far separated as to have no constitutional control over each other.” This statement means that each branch should have a different power, so they wouldn’t have any constitutional control over each other. That makes each branch check on the other branches to make sure they are doing everything correctly. One way that the Judicial Branch can check on the Legislative Branch is that when Congress creates laws, the Court can declare laws unconstitutional because some laws might not be a good idea for the people of the country, so the Judicial has the power to take away the possible law.
The 1803 case Marbury v. Madison greatly affected how the U.S. Supreme Court decides whether a court decision is constitutional by using what is now known as judicial review. Although judicial review was never directly mentioned in the Constitution, the Marbury v. Madison decision led to the Supreme Court becoming its own branch, alongside Congress and the executive, in an effort to better the United States government by ensuring separation of powers and the regulation of checks and balances. In 1800, Thomas Jefferson won the presidential election succeeding John Adams. In his final days in office, Adams appointed several justices of peace, including William Marbury.
The United States is a constitutional republic with a representative democracy, the political system consists of three branches of government; Executive, Legislative, and Judicial. The Supreme Court established under the Judiciary Act of 1789 is an integral part of America’s political system, which plays an important role in the checks and balances between the three branches of Government. The Supreme Court’s role in checks and balances was established following the case of Marbury vs. Madison, when the Supreme Court was granted the ability to perform Judicial Review. Over the last two centuries the Supreme Court has further evolved by becoming more involved with civil liberties and individual rights, as well as by changing the way the constitution
Judicial review is a term that refers to a court's review of a decision of a lower court in order to determine whether an error was made. The court has power to pass judgement on the constitutionality of actions of state and federal legislatures and courts. The judicial review has three parts first it allows justice to be served by striking down erroneous decisions by lower counts, second appellate lower courts, third important controversies regarding the law are examined and resolved for the future audience of courts and individuals. Judicial review is a key part of the coexistence of the three
Rather, the United States’ judicial system should remain impartial and consistent while interpreting the laws as they are written. Also, the Constitution is not an optional document to reference, rather, it is our nation’s original rule book by which the judicial system should base its decisions and interpretations on. As one of the most influential and transformative justices of his time, Justice Scalia’s vision for the Constitution included that of which it is to nail things down so they would last. Although our nation is constantly changing, the Constitution must remain the foundation of our existence as a sovereign nation, and the document itself must not be loosely interpreted and disregarded by flawed and power-hungry justices. To maintain the integrity of our judicial system and maintain a prosperous future for America, it is important we follow Justice Scalia’s vision and leave the Constitution as it was when it was first adopted, while also not repeatedly ignoring and broadly misinterpreting
When the constitution was created the framers made the judicial branch in order to help keep the laws in place. The judicial branch was created to interpret the constitution and inforce the laws amongst the people. When the framers created the judicial branch they never knew what impact it would have on the country it does today. “While they understood and prioritized the value of an independent judiciary in a common law system, they could not have predicted the critical role the courts would play in the interpretation of the Constitution, our understanding of the law, the development of public policy, and the preservation and expansion of individual rights and liberties over time” (515). The judicial system is a good split of power between
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
In Federalist Paper 78, Alexander Hamilton explains how the Judiciary is the least dangerous and powerful branch of government: “Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the
He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.
It includes the supremacy of national laws or treaties when they conflict with state and local laws. This case it made it clear the power that declared the congressional and presidential acts invalid because of the violation of the constitution. Justices have to show judicial restraint in making a decision in a case. After a case once a decision is made, it is considered a judgment among the court. The justice in the majority party has to draft and
The Supreme Court has also evolved over time when chief justice John Marshall became the fourth chief of the U.S. Supreme Court in 1801. He is largely responsible for establishing the Supreme Court's role in federal government. One of Marshall's first landmark cases was Marbury v. Madison, which established the basis of judicial review. John Marshall ruled that the Supreme Court lacked the power to make Madison hand over the commission, although he thought that Marbury had the right to have it. In the process, Marshall determined that Section 13 of the Judiciary Act of 1789—authorizing the Supreme Court to issue writs to government officials—was unconstitutional.