constitutional law :: constitutional law marbury v madison marbury one first supreme court cases asserting power judicial review effective argument however lacks direct textual basis decision marshall managed get deficiency silence issues vague wording during early testing period few precedents existed much debate fundamental concerning intended words part government should final defining meaning essays research papers constitutional law

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Constitutional Law
Marbury v. Madison

     Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. Marshall
managed to get away with this deficiency because of the silence on many
issues and the vague wording of the Constitution. During the early
testing period when few precedents existed, there was much debate about
fundamental issues concerning what was intended by the words of the
Constitution and which part of government should have the final word in
defining the meaning of these words. Marshall used the Marbury case to
establish the Supreme Court's place as the final judge.

     Marshall identified three major questions that needed to be answered before the Court could rule on the Marbury v. Madison case. The first of these was, "Has the applicant a right to the commission he demands?" The Constitution allows that "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, . . . " (Art. II, § 2). The Judiciary Act of 1793 had given the
President the right to appoint federal judges and justices of the
peace; there is no dispute that such an appointment was within the scope
of the president's powers. Debate arises because the Constitution is
silent on the exact time at which th... [to view the full essay now, purchase below]

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