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Homework - Essay Example

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But before Thomas Jefferson come into power in the post of the President, John Adams issued a new law named “Judiciary Act of 1801” over…
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Homework Question In the year 1800, Thomas Jefferson overpowered John Adams through election and became the third president of United s (US). But before Thomas Jefferson come into power in the post of the President, John Adams issued a new law named “Judiciary Act of 1801” over “Judiciary Act of 1789”. Under the new law, John Adams had allotted “Midnight Judges” so that Federalists could take control over the federal judiciary before Thomas Jefferson. This action was an effort to impasse the Democratic Republicans. But in order to take effect of the new law imposed by John Adams, it was required to deliver the commissions who were selected by him, where one of the members of “Midnight Judges” was William Murbury. But the commissions were not legally accepted till John Adams was the president of US. When Thomas Jefferson had become president, he rejected to admire the commissions. It had been claimed that the commission was invalid as they had not been delivered by expiration of John Adam’s presidency (Landman, 2002).
Therefore, William Murbery who was the proposed addressee of “Justice of The Peace” by means of commission smeared straightforwardly to the supreme court of US for an injunction of mandamus to induce the Secretary of State, James Madison in order to bring the commission. In the year 1803, the Supreme Court had rendered an undisputed decision that court did not possess the authority to deliver commission. This decision proved that court had lacked jurisdiction and it was the win for Democratic Republicans because the claim for injunction of mandamus had been rejected (Cornell University Law School, n.d.).
Question 2
The American system enjoys mutual authority among state, federal and local governments and comprises a requirement for collaboration, synchronization and communication. In the American system, the local government possesses the right to conduct responsibilities for dealing with any emergency or disaster. The federal government is intended to deliver economic support and resources, and state government acts on behalf of applying the federal rules and policies. Notably, the three main elements of American system are: Executive Branch, Legislative Branch, and Judicial Branch (The White House, n.d.).
The executive branch is controlled by the governor who is straightforwardly elected by citizens of US. The other members of the executive branch are also designated by the public such as deputy governor, counsellor general, commissioners, and secretary of state among others. The legislative branch is expanded in every state of US and is developed through voted councils. The legislative branch deals with the issues brought into view by the governor or other members of executive branch in order to develop regulations needed in the society. The task of legislative branch is to create rules, principles and laws. It also evaluates the equilibria among three branches of American system and helps to inhibit any branch from abusing the authority. Besides, the legislative branch can also decide how the federal money will be used for the welfare of the state. Similarly, the judicial branch is usually led by the Supreme Court which is engaged with listening to the requests from lower courts. The judicial branch intends to illuminate the inferences of constitutions and orders which are delivered by the legislative branch. Judicial branch of American system interpret the principles and penalize the criminals as well as law makers in case they violate any regulation. It also concentrates on rectifying any legal mistakes conducted by lower courts so that justice is maintained (The White House, n.d.).
References
Cornell University Law School. (n.d.). Marbury v. Madison. Retrieved from http://www.law.cornell.edu/supct/html/historics/USSC_CR_0005_0137_ZS.html

Landman, J. H. (2002). Marbury v. Madison: bicentennial of a landmark decision. (Looking at the Law). Retrieved from http://www.highbeam.com/doc/1G1-95105759.html
The White House. (n.d.). State & Local Government. Retrieved from http://www.whitehouse.gov/our-government/state-and-local-government Read More
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