Supreme Courts Dbq

Woodrow Wilson once referred to the Supreme Court as “a constant constitutional convention in continuous session”, due to the role they have played in interpreting the constitution as it is written. Due to the ambiguity found in much of the phrasing in the constitution, judicial interpretation of the constitution can be considered both necessary and inevitable (Comer, Gruhl et al., 2001). The courts have the power to declare unconstitutional the actions of the other branches and units of the government in what is known as judicial review (Tannahil, 2002). The first case in which the court elaborated on the principle of judicial review was that of Marbury v. Madison in 1803 and put forward that in the case of conflict between the constitution and a statute, it is “the duty of the judicial department to say what the law is” (Smith, 1975). Following this, the case of Fletcher v Peck (1810) is of equal importance as it was the first case in which a state law was declared by the court to be unconstitutional.

Wade has been beneficial to our nation in more ways than one. According to plannedparenthood.org, “The ability to make this personal healthcare decision has also enabled women to pursue educational and employment opportunities that were often unthinkable prior to Roe.” This statement is exactly why this famous case should not be overturned. Sarah Weddington, the youngest woman that was on the Roe v. Wade case, said in an interview with The Guardian that although states do not have the capability to make abortions illegal, they do have the ability to make access to them near to impossible. eddington also mentioned that there is a vacancy in the Supreme Court and with all of the older male judges, if a few pro-life judges were to be elected in, our right to abortion could be at stake.

John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce.

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.

It was the Presidential election of 1800 where Thomas Jefferson won against John Adams. Around this time, Congress had passed the Judiciary Act of 1801. This act altered the Judiciary Act of 1789 in establishing ten new district courts. This was to expand the number of circuit courts from three to six, add additional judges to each circuit, and give the President the authority to appoint Federal judges and justices of the peace. This act also reduced the number of Supreme Court justices from six to five.

In 1803, Thomas Jefferson was President of the United States of America and James Madison was Vice President. In the case Marbury vs. Madison, President Jefferson commanded Madison to fire Judge William Marbury, whom was previously appointed by President John Adams as he was leaving office, along with several other judges. Marbury later sued Madison citing the Judiciary Act of 1798. This act allowed the supreme court to review cases brought against a federal official. William Marbury was a federalist which meant he was in the same political party as Alexander Hamilton and John Adams.

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.

The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party. Adams had appointed several justices for the District of Columbia prior to being defeated. The senate had approved the commissions and the commissions signed by the president as well as being affixed with the government's official seal. However, the commissions were not delivered, and when Jefferson took office, he instructed James Madison the Secretary of States not to deliver them. William Marbury who was on the list of appointees petitioned the Supreme Court for a legal order compelling Madison to explain why he was not to receive the commission (Clinton 1994).

John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened. Marshall, being a strong federalist, ruled that state given monopolies were unconstitutional and believed that competition was healthy for business.

The United States Supreme Court has made many controversial rulings throughout the many years since it was established. These cases have been decided by a very close vote. Each one shaping the structure and jurisdictions of the government. Some strengthened the powers of government and some gave more rights to the individual. They will forever effect and influence the future of America.

Wade argued that constitution did not guarantee women the right to an abortion, and that personal and marital privacy are not absolute rights. The final Supreme Court ruling was done on January 22nd of 1973. This was the date the Supreme Court handed down its landmark decision in the case of Roe v. Wade. The final court ruling was in favor of Roe the petitioner in a 7-2 decision. Roe won the case and this meant that the court handed the rights of privacy of a personal liberty to encompass a woman’s decision whether or not to terminate her pregnancy (Lewis,

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.

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.

Perhaps the most famous Federalist paper, Federalist 10, starts off by saying that one of the biggest arguments that favors the Constitution is that it creates a government suited to minimize the harm caused by factions. Faction, in this case, is defined as a group of people whether a minority or majority based on class, race, and profession that all share a common interest. It was inevitable that factions would occur and perhaps the defining characteristic was the unequal distribution of property. This would ultimately lead the poor without property to become the majority in a “tyranny of the masses.” Madison believed that there were two solutions in preventing majority factions, 1) Remover the causes, and 2) Control the effects.

James Madison, founding father and fourth president of United States wrote the federalists paper number 10 in favor of the constitution. He believes that constitution is the only way to keep balance and control any problem this country faces. He uses faction as an example and talks about how it can cause problems but most importantly how to deal with the problems. He defines faction as groups of people who came together to promote their own interests and opinions. He said that these groups take advantage of the public and violate their rights.