The Sweet Trials Essay

1865 Words Apr 22nd, 2013 8 Pages
A supreme couryt case is going to change the way our government acts. Nine justices on the supreme court – always a swing vote. The supreme court does not take every case it gets – to chooses its cases. They look for cases that will change the way for the way this country will work.

Marbury v. Madison = a case of judicial review. What that means is that the Supreme Court will take a case on appeal and they will make a two part decision. (1) what the lawsuit was about (2) what was the law itself (what law did the case rest upon).
A case of judicial review – the first case of judicial review. It will result in the supreme court gaining a lot of power. Begins on the night befgore Jefferson takes office as president – so
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John Marshall once he stopped being secretary of state becomes the Supreme Court Justice. For a time he was both the secretary of state and the supreme court justice. Marbury along with the backing of federalist is going to sue for his appointment so he sues Madison as Madison was supposed to give it to him. The one who was unable to give him the job is the one who will decide if Marbury is right. (Marshall didn’t get the job done under Admas administration). This lawsuit originated in the supreme court – it didn’t go on appeal. Here’s the problem – what idoes John Marshall have to deal with – Marbury v. Madison – he is going to deny the court po9wer to gain greater power lagter.
All cases to the supreeme court must comeon appeal unless the person bringing the suit is an Ambassador. None of which Marberry was – but in 1793 a law passed – the Judiciary Act passed by congress that said it was okay for lawsuits to originate in the supreme court. So Marshall looks at this and he said the supreme court doesn’t have the power to make Madison do that because of the Judiciary Act – the lawsuit should have never originaged in the supreme court. If the Judiciary act says you can originate a lawsuit in the supreme court and the constitution says it does not -= iso the judiciary act is

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