In 1803, the Supreme Court, led byChief Justice John Marshall, decides the landmark case of William Marbury versusJames Madison, Secretary of State of the United States and confirms the legalprinciple of judicial review–the ability of the Supreme Court to limitCongressional power by declaring legislation unconstitutional–in the new nation.
Analyze the following case inpreparation to answer the questions that follow a systematic approach to yoursynthesis of law and fact. The final work product is a legal memorandum thatarticulates whether judicial review is still vital to the power of the SupremeCourt which is to be presented to members of a judicial tribunal.
Review the followingcase:
- Marbury v.Madison, 5U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803) located at http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137.
Write an eight to ten (8-10) pagepaper in which you:
- Prepare a two to three (2-3) pagebriefing on the case that you reviewed in which you utilize the following areasof importance: a) issue presented; b) short answer; c) the facts of the case; d)a summary of the case; and e) a conclusion of the case outcome.
- Review the concept of judicialreview, and explain the fundamental manner in which the Court obtained the powerof judicial review.
- Interpret the following quote fromThomas Jefferson in a letter to W.C. Jarvis, dated Sept. 28, 1820: “It is verydangerous doctrine to consider the judges as the ultimate authority of allconstitutional questions.” Provide a rationale for yourinterpretation.
- Specify whether or not you believeChief Justice John Marshall’s claim of the power of judicial review for thejudicial branch constituted a usurpation of power.
- Review the Court’s decision inMarbury and determinewhether the Court acted in any fashion in order to improve the system of checksand balances that exits among the branches of government.
- Use at least two (2) qualityreferences. Note: Wikipedia and other Websites do not qualityas academic resources.
Your assignment must follow theseformatting requirements:
- Be typed, double spaced, using TimesNew Roman font (size 12), with one-inch margins on all sides; citations andreferences must follow APA or school-specific format. Check with your professorfor any additional instructions.
- Include a cover page containing thetitle of the assignment, the student’s name, the professor’s name, the coursetitle, and the date. The cover page and the reference page are not included inthe required assignment page length.
The specific course learning outcomes associated with this assignmentare:
- Illustrate the workings of theadversary system.
- Analyze the functions of law andidentify various types of law.
- Use technology and informationresources to research issues in U.S. Courts.
- Write clearly and concisely aboutU.S. Courts using proper writing mechanics and APA style conventions.