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Supreme Courts Dbq

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The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with …show more content…

Thus causing even more conflict, especially amongst those not in the South. Another controversial issue was federalism because Marshall gave the national government a vast amount of power over state 's rights, and Taney believed more in giving power to the state rather than the national government. In addition, this is when outside groups started forming and lobbying their influence over government decisions, whether it is pertaining to slavery, rights, or economic interests. James Madison regarded “factions” or interest groups with concern when authoring segments of the Federalist Papers. The problem he envisioned was that eliminating them from the political scene was a threat to democratic principles, a cure worse than the disease. Today, we still find significant concerns for how vast and powerful interest groups and their associated PACs have become over the past few decades, and their far reaching ability they have to affect even the highest court in the …show more content…

Although there were many positive accomplishments of the Supreme Court, as a Woman I would have to say that the decision of Roe v. Wade which legalized abortion was by far the most vital because by deciding in favor of Roe it made the statement that no government was going to decide what a female has the right to do with her body; even if it was controversial. This was a very personal issue and one that was fought and in some cases died over, this is still an issue that woman struggle to protect even to this day. This gave women of all stations in life access if they so chose, to an abortion in a safe, clean and legal environment instead of a back alley somewhere. This wasn 't just a case of abortion rights because it resulted in access to contraception, better and more affordable OBGYN access, and medically accurate sex education as well; not to mention the fact that it set a precedent that affected more than thirty Supreme Court cases on denial of abortion services. When it comes to a decision that I feel was the most detrimental, I would have to say the Supreme Court decision of the case of the “hanging chad” in Bush v. Gore in 2000. I believe this particular decision was one made in haste and based solely on political preference rather than based on having a fair and impartial electoral process that would benefit society rather than the justices. The Supreme Court stepped in and decided the election for the voters, which was an

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258 Words | 2 Pages

John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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1568 Words | 7 Pages

The signifigance or Marbury vs. Madison is the ruling gave of the Supreme Court of the U.S.A the power of Judicial review and also gave courts some power to try and take down legislation that was unconstitutional. In Marbury the Supreme Court declared a law passed by the government was unconstitutional and should be not be enforced called the Judiciary Law of 1789.The decision helped define the boundary between the constitutionally judicial and executtive branches of forming the American government. Marbury vs. Madison has been used as justification for the amassing of power by the supreme court. Marshall justified his ruling that the Supreme Court could not order Madison to deliver Marbury's because part of the Judiciary Act of 1789, was unconstitutional because it expanded the Court's original jurisdiction to include cases like

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608 Words | 3 Pages

Justice Stephens wrote the majority opinion stating that the power to vote for legislative members should be directly chosen by the people, not by the States. Powell v. McCormack established that the Qualification Clause for Congress listed in the Constitution are exclusive and the “fundamental principle of our representative democracy.” Adding such limitations to candidates takes away the direct vote from the people and destroys the “uniform national system” that the Constitution wanted for Congress. The Framers recognized that electing the legislature was a new idea that stemming from the Constitution, thus, not a right of the “original powers” of the states. The court also concluded that Framers divested the states of any power to add qualifications, because there was no right before the ratification of the Constitution.

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504 Words | 3 Pages

The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

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523 Words | 3 Pages

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.

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391 Words | 2 Pages

In the 1803 case of Marbury v. Madison, the court used its jurisdiction authority to hear and decide the issues put forth in Marbury v. Madison. This Supreme Court case argued for William Marbury’s commission, although it was denied by Thomas Jefferson’s secretary, James Madison. This case further helped to establish judicial review, the power of the courts to review acts of other branches of government and the states. In the case of Marbury v. Madison, the court used appellate jurisdiction and eventually appellate court to review and revise the law made by a lower court.

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1043 Words | 5 Pages

Marbury demanded that the spot was his. The situation escalated and was finally taken up in the Supreme Court. Once there, John Marshall ruled that although he felt it morally right that Marbury be given the position he was promised in the document, the failure to have the document commissioned on time prevented him from taking up the position. In doing so John Marshall gave the supreme court the power to review the validity of a legislative act - Judicial review. This increased the Judicial Branch's power and gave it equal standing with the legislative and executive branches.

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157 Words | 1 Pages

Marbury v. Madison is important in the American political system. Back in 1803, Chief Justice John Marshall wrote the majority opinion. Marshall supported a strong national government. He ruled that the Court could not order Madison to give Marbury the commission because the Judiciary Act of 1789. This marked as the first time the Supreme Court declared that a law passed

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589 Words | 3 Pages

In the first paragraph of the Federalist Paper 10, Madison explains what he is trying to do with the constitution. His main concerns were to establish a government that was capable of controlling violence and damage caused by factions. He believes that as long as men have different opinions, different amounts of property and wealth, then there will always be factions. When Madison says faction, he means a group of people that have some strong common passion or interest.

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1130 Words | 5 Pages

After gaining a seat in the Supreme Court and the case of Marbury versus Madison, Marshall created another segments of the court that revises actions of the executive and legislative branch, the judicial review. Because of the Judicial Review, the Supreme Court has the authority to have the final verdict on court cases and to rule something as unconstitutional. Before John Marshall, the judicial branch was not as strong as the other two branches, but with his intervention all branches were able to reach equality. The citizens during the time period had a higher probability to have a fair verdict without corruption and citizens, today, continue to have that liberty. Since, the Marbury versus Madison case, the courts continue to use it as a foundation of how the Supreme Court functions to avoid any unfairness or abuse of power.

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310 Words | 2 Pages

The Judiciary Act of 1801, a law that created more federal judge positions, contributed to the establishment of judicial review by becoming the first law to be overturned by the process of judicial review and because it caused Chief Justice John Marshall to lay down three principles for judicial review. To begin, the Judiciary Act of 1801 was created shortly before President John Adams left office as an attempt of the Federalist party in order to help keep as many Federalists as possible in government. Adams did this knowing that he or any of his fellow Federalists would not be elected as president. This law evoked the case Marbury vs. Madison, a case between a man who had been promised a job created by the Judiciary Act of 1801 and the secretary

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944 Words | 4 Pages

In the Federalist no. 10 James Madison argues that the iniquity of the government by the people is its exposure to the issue caused by factions. Madison defines factions as any group of people that share the same views and opinions. These factions often assemble together causing violence and damage to secure personal economic investments and enforce their political views. Madison’s main concern with factions is that one might reduce the rights of another or effect the good of the whole in order to protect their own self-interest. When given the freedom to do so, these personal interest are usually at the price of another group.

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749 Words | 3 Pages

In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.

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1298 Words | 6 Pages

The first case was Marbury v. Madison then it led to Fletcher v. Peck, McCulloch v. Maryland, Dartmouth College v. Woodward, Gibbons v. Ogden, Worcester v. Georgia, Commonwealth v. Hunt, Dred Scott v. Sandford, Slaughterhouse Case, U.S. v. Cruickshank, U.S. v. Reese, Munn v. Illinois, and Plessy v. Ferguson. The first case, Marbury v. Madison, was held in 1803 as a John Marshall case. Chief Justice John Marshall established the judicial review. Information can be cited in Infobase Learning - Login, online.infobase.com/HRC/Search/Details/2?articleId=358306&q=+Marbury+v.+Madison.

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478 Words | 2 Pages

Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

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