Essay: The US supreme court

The Supreme Court partakes in a remarkable job in the United States system of government. The Supreme Court is the head of the judicial branch of government. Since the Supreme Court is the head of all the other courts, they must all follow the conclusions made by the justices of the Supreme Court. The main job of the Supreme Court is clarifying the constitution.

The constitution provides the ability to check the actions of the president and congress. The Supreme Court can tell congress that if a law goes against the constitution, it is no longer a law. The Supreme Court has the ultimate power of settling disputes between two parties and explaining the means of laws. The 3 examples of Supreme Court cases I will be discussing are are Marbury vs. Madison,

Marbury v. Madison was the most important court case in the history of United States in which established the idea of Judicial Review. In other words, the power of the Judicial Branch allowed a law being declared unconstitutional. Through the power of judicial review, the Court affirms it’s government to determine the meaning of the constitution. The courts decision as well affirmed that the constitution must always take first in order in any controversy regarding federal or state laws. In this case, for the first time declared a law passed by congress unconstitutional. This significant decision altered power of the Supreme Court and changed the history of the United States. With having so much power, the U.S. Court system became an accomplice with the executive and congressional branches in conducting the nation.

The court collectively decided not to depend on Jefferson Madison to hand over the commission to Marbury. Chief Justice Marshall accepted the risk that this case posed to the efficacy of the Supreme Court. Since Madison was the president, Jefferson was head of the Democratic Party and Secretary of State, at the same time Chief Justice Marshall and Marbury were Federalists, Jefferson was relatively positive to direct Madison to refuse to convey the commission to Marbury. If Madison refused and the court demanded Madison to send commission, the court had no ability to force him to give in, therefore the court would seem un powerful. If the court did not act, it would seem like the justices made their decision out of the concern that Madison would not accept their decision. The court controlled that Marbury was called to his commission. But stated in the constitution, the court did not have the right to allow Madison to distribute the commission to Marbury in this case. They identified that the judiciary act of 1789 disagreed with the constitution because it gave the Supreme Court more power than it was ever given under constitution. There was dispute amongst all differences between the Supreme Courts original jurisdiction and its appellate jurisdiction. If the court contains original jurisdiction over a case, the case can go straight to the Supreme Court. The first ones to decide on this case is the justices. If the court contains appellate jurisdiction, the case must be decided by the judges in the secondary case. Marbury lead his lawsuit through the court’s original jurisdiction. But the justices controlled that it would be an unfitting task of the courts original jurisdiction to concern the command of mandamus in this case.

Source: Essay UK - http://lecloschateldon.com/essays/law/essay-the-us-supreme-court/


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