Nobody downloaded yet

Marbury vs. Madison Case - Essay Example

Comments (0) Cite this document
The essay "Marbury vs. Madison Case" describes that scholars such as Winfred H. Rose disagree with the ruling of chief justice John Marshall toward Marbury vs. Madison case . Marshall had quoted out of context Article III of the Judicial Act of 1789 in the basis that it was unconstitutional. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Marbury vs. Madison Case
Read TextPreview

Extract of sample
"Marbury vs. Madison Case"

Download file to see previous pages Some legal scholars have accepted the legitimate reasoning of Marshall while others remain to challenge the decision he made toward the Marbury vs. Madison case. Alexander Bickel question John Marshall ruling, Bickel argued that Marshall Verdict in advocated justice for Marbury vs. Madison case was unconvincing and power-driven interpretation of jurisprudence. Marshall recommended that the Supreme Court had an outright obligation to strike-down every rule it discovers violated the constitution. “It is emphatically the province and duty of the Judicial Department to say what the law is" Bickel foresees that consenting the constitution to mean whatever the Supreme Court perceives to be right might turn the constitution into a mere document in the hands of the judges. Consequently, judges may twist and shape the constitution into any form that delights them rather than giving the legal decision that will facilitate court attaining decision that depict legitimate, fair and just ruling. Alexander Mordecai Bickel puts evidently that the aim of John Marshall was using federalist tactic to craft a strong central government over the opposition of Jeffersonian who was alacritous to have a resilient state government. Therefore, John Marshal used the case to establish the Supreme Court as center of power, proficient at overruling the legislature, the president, and the state. Bickel believed that allowing Supreme Court to dictate the constitution might turn it susceptible as judges may desire to shape and twist the constitution towards their lusts, personal gains and egotistical interests2. It is important that Alexander Bickel’s notion is taken into consideration to circumvent future judges from using their positions for personal interest. Conversely, Supreme Court remained to be a vital constitutional independent branch, but it has to incorporate other institution such as congress, and the state interest thus fashioning a holistic relationship for sustainable governance of the country. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Marbury vs. Madison Case Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Marbury vs. Madison Case Essay Example | Topics and Well Written Essays - 500 words. Retrieved from
(Marbury Vs. Madison Case Essay Example | Topics and Well Written Essays - 500 Words)
Marbury Vs. Madison Case Essay Example | Topics and Well Written Essays - 500 Words.
“Marbury Vs. Madison Case Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Marbury vs. Madison Case for FREE!
logo footer
Contact us:
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us