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Marbury V. 78 By Alexander Hamilton

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Abstract: The notion of judicial review requires courts to examine the legality of the executive branch. The government must carry out its obligations in accordance with constitutional principles. The judicial branch operates in accordance with constitutional principles. A constitutional provision that requires all laws in the United States to be consistent with the federal constitution if passed by the same legislature that enacted the legislation in question. The employee is not susceptible to the current political atmosphere or special interest law, interpretation of the law, executive action, and meets the doctrine's objective to have the following characteristics: 1. Seriousness of purpose in the attempt to comprehend the absence of the …show more content…

78 In The Federalist No. 78, Alexander Hamilton examines the importance of an independent judiciary and the role of judicial review in maintaining the federal government's balance of power. Hamilton contends that the court should serve as a check on the legislative branch by examining the constitutionality of laws. He claims that judges, free of political and popular influences, are best prepared to read the Constitution objectively. Hamilton envisioned the court as the Constitution's custodian, ensuring that the laws of the land reflected its values. They contend that without judicial review, the Constitution would be useless, as Congress could adopt laws that violated individual rights without consequence. Explaining The Case Marbury v. Madison Marbury v. Madison (1803) is a landmark case in U.S. constitutional law that established the principle of judicial review. The case arose from a political dispute over judicial appointments made by outgoing President John Adams …show more content…

Federal judicial power is vested in the Supreme Court and other lower courts. It applies to all cases arising from the Constitution, laws and treaties. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers and consuls. Supremacy Clause of Article VI The Supremacy Clause of Article VI of the United States Constitution declares that the Constitution and the laws made pursuant thereto are the supreme law of the land. The judges of every state are bound by this constitution, regardless of any differences between the constitution and the law of any state. All executive and judicial officers are bound by an oath or affirmation to uphold this Constitution. The power of judicial review is implied by these provisions, as it is the inherent duty of the courts to determine the applicable law in any given case. A federal statute is the law of the land only when it is made in accordance with the Constitution, and state constitutions and laws are valid only if they are consistent with the Constitution. Any law contrary to the Constitution is void. Federal courts have a duty to interpret and apply the Constitution, and if a conflict arises, they must disapprove of the conflicting statute. The Supreme Court has final appellate jurisdiction in all cases arising under the

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There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.

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Marbury v Madison 1803 will forever and always be a Supreme Court Case that will live infamously in today’s history. During the election of 1800 against incumbent president John Adams of the Federalist Party versus the Anti-Federalist Party nominee Thomas Jefferson, with Jefferson being the victor. Before Adams were to leave the presidential office, he made what is called “midnight appointments” of new judgeships to counter act the Jeffersonians once in office. John Marshall, who was secretary of state of the time, failed to deliver seventeen commissions, one of which belonged to William Marbury. James Madison, Marshall’s successor, failed to deliver the rest of the appointments at the request of Thomas Jefferson.

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Madison is a case of the Supreme Court of the United States in 1803 that inspired the establishment of Judicial Review. During the presidency of Adams, John Marshall appointed as Justice of the Peace in D.C. However, James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury's appointment papers. Without discrepancy, Marbury directly sued the Supreme Court, and order Madison to deliver the appointment papers. Nevertheless, Chief Justice John Marshall lectures Jefferson that the Court could not grant the writ because Section 13 of the Judiciary Act of 1789 didn’t allow so, although the appointment should have been delivered.

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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.

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Hamilton argued the Judicial branch needed

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On account of Marbury v. Madison, the Supreme Court decided that they didn't have the ability to constrain President Jefferson to convey the commissions that he had solicited Secretary from State James Madison to not convey to the "midnight judges" designated by John Adams just before his term as president finished. Despite the fact that the Judiciary Act of 1789 gave the Supreme Court the ability to issue writs of mandamus, Article III of the Constitution did not permit the Supreme Court. By settling on this choice, the Supreme Court initially showed its energy of legal audit; to upset a government demonstration since they trust it is illegal. Some would contend that the force of legal audit makes the legal branch too capable, while others

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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.

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In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

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In order to strengthen the government, three branches were put into place, each holding specific powers. These include the Legislative branch which creates laws, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” (2: Source A). The Executive branch that is meant to enforce laws, “He shall take care that the Laws be faithfully executed, and shall Commission all the Officers of the United States” (2: Source A). Lastly, the Judicial branch interprets the laws created, “The judicial Power shall extend to all Cases, in Law and Equity arising under this Constitution…” (2: Source A).

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There are three federal branches in the U.S.; the legislative, executive, and judiciary. The judiciary branch has the “power” to evaluate law. It is able to take down a law or an executive branch to be declared as unconstitutional. However, declaring a law unconstitutional is not that easy for the courts. In Federalist NO. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them.

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In order to correctly analyze these questions we must have the general understanding that throughout the Federalists paper#78, Alexander Hamilton expressed the idea and importance he saw with how the Judicial branch needed to be fully independent from both the executive and legislative branch, in order to protect the public from deficiencies of decision-making by each of those two branches of government. Thus, Hamilton held that in order for the Judicial branch to perform its duties well this independence was needed. As a result, no errors in their judgment can be corrected by any institution or body of government, (Federalist Paper, #78), and in a modern sense you can see this with the supremacy of law, in which states that all acts of government

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Due to precautions put in place to prevent them from interfering, the Federal Government can only exert a certain amount of authority in a court of law. In most cases, the first consideration is whether something exceeds the stated powers of the national government rather than whether it infringes on someone's

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The power of the judicial branch relative to the other two branches established by the Constitution was a subject of some debate during the Founding. Article 3 grants the judiciary the power to interpret federal laws. But many of the founders wondered if it should also have the power to strike down federal laws. They also believed

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Judicial review wasn’t just advocated by Hamilton, the concept was put into practice in many of the important Supreme Court cases both in the founding era and modern times. In Marbury v Madison in 1803, judicial review was used in order to strike down an unconstitutional act of Congress. Marbury v Madison is an interesting case because, in striking down the Judiciary Act of 1789, the Court also struck down its own jurisdiction over the case. However, this did not end as a needless debate. The case was one of the first that solidified judicial review as a legitimate power of the judicial branch and made it known that the Court’s power could not be extended beyond what is granted in the Constitution.

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Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

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