Paper Topic:

constitutional law

The Concept Established by the Decision in the Case of Marbury vs Madison

Name

Institution

Date

INTRODUCTION

For nearly two centuries , the U .S . Supreme Court has been the primary interpreter of the Constitution 's meaning . Although not specifically provided by the document itself , the power of the judiciary to interpret the Constitution has existed since Chief Justice Marshall asserted it in Marbury v . Madison . As the ultimate authority on the constitution 's meaning , the Supreme Court exercises the power to define amplify and steer the document 's

operative terms and conditions Constitutional law , as a consequence , comprises not only broad and imprecise terms of the charter itself , but also a massive body of case law expounding principle , doctrine and sometimes contradiction

Even if the judiciary 's eventual role was not specifically contemplated by the Constitution 's architects , they theless created a political structure from which modern powers of review emerged . The Supreme Court 's interpretive eminence , as noted previously , was established in Marbury v . Madison . The case itself arose from the intense rivalry between political parties competing to shape the republic in its formative years . Specifically at issue was whether a newly elected Republican president was required to deliver commissions to last-minute judicial appointments of his Federalist predecessor . From clash of competing ideologies emerged not only a resolution of the immediate controversy , but a further definition of the government itself as well (Lively , 1992

CONCLUSION

The power of judicial review , even as so depicted , theless is a function of...

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