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Marbury vs. Madison Case - Essay Example

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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. …
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Marbury vs. Madison Case
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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
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