In the landmark case of Marbury v Madison (1803), the US Supreme Court arrogated to itself the right of judicial review. And ever since, the Court has reserved that right to invalidate laws and administrative decisions which it deems unconstitutional.
In relation to the specifics of the case, the Marshall Court put forward a carefully-crafted political compromise: in essence, it gave something to both sides in the case, Federalists and Republicans alike. The Federalist plaintiff, Marbury, did not receive the judicial commission to which he believed himself entitled and which brought him to take the Jefferson Administration to court in the person of James Madison, Jefferson's Secretary of State. Chief Justice Marshall knew that if he overturned the Administration's refusal to deliver Marbury's commission appointing him as a judge, then he would inflame an already tense political situation. The potential consequences for the Supreme Court could be damaging in the extreme.
At the same time, by establishing the Court's authority to review the actions of the executive and legislative branches of government, Marshall ensured that Federalists such as himself still retained a significant degree of political power within the system, despite their recent defeat at the election of 1800.
Saturday, December 22, 2012
What is the decision of the court in Marbury v. Madison, and what was the rationale behind it?
Subscribe to:
Post Comments (Atom)
Summarize the major research findings of "Toward an experimental ecology of human development."
Based on findings of prior research, the author, Bronfenbrenner proposes that methods for natural observation research have been applied in ...
-
One way to support this thesis is to explain how these great men changed the world. Indeed, Alexander the Great (356–323 BC) was the quintes...
-
At the most basic level, thunderstorms and blizzards are specific weather phenomena that occur most frequently within particular seasonal cl...
-
x=4cost y=2sint First, take the derivative of x and y with respect to t. dx/dt=-4sint dy/dt=2cost Then, determine the first derivative dy/dx...
-
Ethno-nationalism is defined as "advocacy of or support for the political interests of a particular ethnic group, especially its nation...
-
Both boys are very charismatic and use their charisma to persuade others to follow them. The key difference of course is that Ralph uses his...
-
Find the indefinite integral $\displaystyle \int \sec^4 \left( \frac{x}{2} \right) dx$. Illustrate by graphing both the integrand and its an...
-
The most basic attitude difference between Mr. Otis and Lord Canterville is their attitude toward the ghost. The attitude difference start...
No comments:
Post a Comment