Review: Marbury v. Madison Case and Inside the Supreme Court Documentary
A review of facts of the Marbury v. Madison case reveals that in the concluding days of John Adams’ Presidency, he allotted a massive amount of justices of the peace under the ‘Organic Act’ on purpose due to the verity that the looming President Jefferson would not do it(Unknown, 2014; p 25). Marbury, who was one of the appointees soon after applied to the Supreme Court for an injunction of mamandus alleging that the Supreme Court was not allowed to issue such an injunction pointing out that this was to apply to, “…any persons holding office any courts under the U.S” (Dick, 2012; p 32). The issue at had was whether Marbury’s initial appointment was indeed valid.
On the other hand, the review on the13 minute video of ‘Inside the supreme Court’ documentary, the Supreme Court apparently did not always hold such sway in the life of the country. In the early existence of the Republic, justices were uncertain of how far their respective power extended and thus shy to make use of it (Unknown, 2014; p 27). Nonetheless, one man managed to bring considerable change to all that. The U.S Supreme Court was initially written into being at the 1787 Constitutional Convention; this writing states that, “the judicial power of the U.S shall be vested in one Supreme Court, and in such, lower courts such as the Congress may from time to time establish and decree ” (Dick, 2012; p 44). The framers as such knew that they desired an independent judiciary which was free from the demands of politics; however, little else was determined with that regard.
Response:
First and foremost, it ought to be understood that the framers of the U.S Constitution made it quite clear that the aforementioned document was supposed to be regarded as a fundamental law (Unknown, 2014; p 30). According to ‘Article 6’, of the aforesaid, it is specified that those laws as well as the Constitution it is said that, “…the laws which will be made in pursuance therefore shall be the Supreme La of the Land.” (Dick, 2012; p 52). It is also provided in ‘Article 3’, that for one Supreme Court and lower Courts such as the Congress may establish other laws. In my own opinion, the Supreme Court has been handed the power to strike down laws, which includes the acts of Congress that are inclined to be found inconsistent with the said Constitution.
References
Dick, Howard, A. E. The Supreme Court then and now. New York: The Guilder Institute of American History, 2012.
Unknown Author. The Court as an Institution. USA: Supreme Court of the United States, 2014.
