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Violation Of The Supreme Court Case Of John Marshall

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The Constitution states in Article III, Section 1 that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish (uscourts.gov)." Lawsuits among two or more states and cases relating to ambassadors and diplomats are examples of cases where the Supreme Court has original jurisdiction. The Court also has appellate jurisdiction on virtually any other case that involves violations of constitutional or federal law. Finally, the Supreme Court has the final interpretation of law on all matters concerning the U.S. Constitution, federal laws, and treaties. Consequently, all decisions from Supreme Court have a profound impact on society; even …show more content…

Although he found that the petitioners were in fact entitled to their commissions, he believed that the Constitution did not give the Supreme Court the power needed to issue writs of mandamus. Marshall ruled that Marbury had been appropriately appointed in accordance with the procedures established by law and thereby had a right to a writ of mandamus. The Chief Justice concluded that Section 13 of the Judiciary Act of 1789 was unconstitutional as Section 13 of the act was inconsistent with the Constitution and consequently unacceptable. Original jurisdiction was the only jurisdictional issue oversaw by the Constitution. Article III of the Constitution applied only to cases "affecting ambassadors, other public ministers and consuls" and to litigation "in which the state shall be party (History.com)." By extending the Court's original jurisdiction Congress had surpassed its authority. Arguably the most significant case in Supreme Court history, Marbury v. Madison (1803) was the first Supreme Court case to apply the principle of judicial review. Judicial review refers to the power of federal courts to nullify an act of Congress if they are in conflict with the Constitution. The decision in Marbury v. Madison played a pivotal role in establishing the Supreme Court as a separate yet equal branch of …show more content…

The decision supported the idea that the securities of the federal Bill of Rights are guaranteed against the states, through the due process clause of the Fourteenth Amendment. Due to the vagueness of the Fourth Amendment, the range of interpretation for the exclusionary rule has been a topic of courts and since the 1980s. In time courts have narrowed the range of circumstances and types of evidence to which the rule

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First, did Marbury have right to the commission he demands? Second, if so do current laws allow a remedy? Thirdly, if current laws allow remedy, should the court issue a mandamus? (uscourts.gov, 2005) In the opinion written by John Marshall, the court decided in Marbury’s favor on the first two question, but when it came to the court issuing a writ of mandamus; the court found that there was conflict between the Judiciary Act of 1789 and the Constitution and ruled against it.

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So Marshall denied the petition and refused to issue the writ. In section 13 of the Judiciary Act of 1789 it notes that writs can indeed be issued, but that particular section of the act was not consistent with the Constitution, making it invalid. I believe that John Marshall implemented this final decision because it was first of all highly appropriate, as well as it more or less was a good solution for both parties. Yes, Marbury deserved to have his commission but the lawsuit was not necessarily an appropriate way to go about receiving it. Marshall knew that if he were going to protect the power of the Supreme Court then he would have to declare the act

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However, there are a couple of people that were involved in the case besides William Marbury and president John Adams. For instance, the Supreme Court Justice who took the case, and ultimately decided the ruling, was Chief Justice John Marshall who, writing for a unanimous court, denied the petition and refused to issue the writ of mandamus that William Marbury and three other similarly situated appointees, delivered to Chief Justice John Marshall. One other person who was included in this court case was the new President who replaced John Adams on March 4, 1801, Thomas Jefferson. He was included in the case because he had ordered that the four remaining commissions be

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