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Essay / Research Paper Abstract
This 3 page report discusses the historic Supreme Court
case of the early 19th century (1803) which has, for the past two centuries, served as a
definitive component of American law. Marbury versus Madison was the case that
decided that it was possible, appropriate, even necessary for the Supreme Court to have
the ability to declare a particular law as being unconstitutional. Bibliography lists 3
sources.
Page Count:
3 pages (~225 words per page)
File: D0_BWmarbur.rtf
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Unformatted sample text from the term paper:
the past two centuries, served as a definitive component of American law. Marbury versus Madison was the case that decided that it was possible, appropriate, even necessary for the Supreme
Court to have the ability to declare a particular law as being unconstitutional. It serves, without question, as one of the foundation cases of American law. To put it in
the most simplistic of terms, the "case" involved a disputed appointment made by an antecedent of James Madison, the then-Secretary of State. The Supreme Court determined that an act of
Congress that can be determined to be in conflict with the U.S. Constitution was meaningless and that is was both the obligation and function of the Court to determine when
such conflicts occur exists. William Marbury and James Madison Landman (2002) describes William Marbury as being: "... part of another wave of midnight appointments -- one of the forty-two
justices of the peace nominated and confirmed for service in the District of Columbia in the final four days of [John] Adamss term" (pp. 400). He goes on to explain
the ways in which the changes that took place in the opening years of the 19th century. Landman explains that: "Thomas Jefferson and his Republicans had just defeated Adams and
the Federalists in the 1800 elections" (pp. 400). As a result, a political battleground was established, according to Landman, in which the actions taken by the Federalists would: "... set
the stage for a battle between Jeffersonian Republicans and Federalists over the federal judiciary" (pp. 400). Landman goes on to explain that yet another fact to be considered was that
the Supreme Courts actual size would be reduced (pp. 400). This meant that Jefferson would "have to wait for the retirement of two Federalist-appointed justices before he would have the
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