Brandon Henderson
Professor Dr. Edoh Agbehonou
Pols 1101
17 April 2015
The decision between Marbury v. Madison was made under judicial review and is considerably the most important decision in the history of the United States, judicial review is when the doctrine of legislative and executive actions are under review. This case gave the supreme says “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). Court the power to limit congressional power. The Marbury v. Madison case was important because it established the doctrine of the judicial review, and what happened in this case …show more content…
Marbury then applied to the court for a writ of mandamus. The court then ordered Madison to show why the writ should not be issued. The case proceeded after showing no cause. As the court view the case, they had to consider the following questions and then the decision would be made. The first question was “Has the applicant a right to the commission he demands?” The second was that “if he has a right, and that right has been violated, do the laws of his country afford him a remedy?” And the last was “If they do afford him a remedy?” The answer to the first question was “Yes, he has the legal right to the office for the space of five years.” The second answer “Yes, his country can afford him a remedy”. The court rule that Jefferson was wrong for preventing Marbury to take office, but the court also wasn’t able to give him the mandamus, simply because they didn’t know the extent of their power. So the final answer was the most important, the final answer was, “Yes he is entitled to the remedy, but why does he need it, and does the court really have the power to give him the writ. This question proposed conflict between Article 3 of the constitution and the Jud. Act of …show more content…
The reason I say this is because if the smaller courts have that power, I believe that we would constantly run into problems because the court gave the wrong person the mandamus, and now he’s ordering people around with the right to do so. Another reason I agree with his argument is because, giving the Supreme Court the judicial power of the United States give them more control over who gets what, and that lessens the amount of people who are able to get the writ of mandamus. Marshalls says, “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). The reason that I’m using this quote is because, you wouldn’t want to give someone too much power, with that being said Marshall di the right thing with completely laying out the capabilities of the legislature, this helped his argument more in my eyes. All in all, the reason Marshalls argument was so convincing was because the process and the deep explanation he did to get his point across, he presented his evidence with facts and with reason. He single handedly made the Supreme Court the most powerful judicial system in the United States but he did it with
Professor Dr. Edoh Agbehonou
Pols 1101
17 April 2015
The decision between Marbury v. Madison was made under judicial review and is considerably the most important decision in the history of the United States, judicial review is when the doctrine of legislative and executive actions are under review. This case gave the supreme says “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). Court the power to limit congressional power. The Marbury v. Madison case was important because it established the doctrine of the judicial review, and what happened in this case …show more content…
Marbury then applied to the court for a writ of mandamus. The court then ordered Madison to show why the writ should not be issued. The case proceeded after showing no cause. As the court view the case, they had to consider the following questions and then the decision would be made. The first question was “Has the applicant a right to the commission he demands?” The second was that “if he has a right, and that right has been violated, do the laws of his country afford him a remedy?” And the last was “If they do afford him a remedy?” The answer to the first question was “Yes, he has the legal right to the office for the space of five years.” The second answer “Yes, his country can afford him a remedy”. The court rule that Jefferson was wrong for preventing Marbury to take office, but the court also wasn’t able to give him the mandamus, simply because they didn’t know the extent of their power. So the final answer was the most important, the final answer was, “Yes he is entitled to the remedy, but why does he need it, and does the court really have the power to give him the writ. This question proposed conflict between Article 3 of the constitution and the Jud. Act of …show more content…
The reason I say this is because if the smaller courts have that power, I believe that we would constantly run into problems because the court gave the wrong person the mandamus, and now he’s ordering people around with the right to do so. Another reason I agree with his argument is because, giving the Supreme Court the judicial power of the United States give them more control over who gets what, and that lessens the amount of people who are able to get the writ of mandamus. Marshalls says, “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). The reason that I’m using this quote is because, you wouldn’t want to give someone too much power, with that being said Marshall di the right thing with completely laying out the capabilities of the legislature, this helped his argument more in my eyes. All in all, the reason Marshalls argument was so convincing was because the process and the deep explanation he did to get his point across, he presented his evidence with facts and with reason. He single handedly made the Supreme Court the most powerful judicial system in the United States but he did it with