English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

why is this case important to us americans today?????

2007-01-05 12:02:47 · 3 answers · asked by evil_angel4472 1 in Education & Reference Homework Help

thats not all of the question the whole thing is why is the case important to the supreme court???

2007-01-05 12:16:07 · update #1

3 answers

The oversimplified answer in my view: Is this case helped to establish that the Supreme Court not the Congress was to be the final judge of how a Constitutional question is to be resloved. That the final decision by the Supreme Court would be the "Law of the Land" as it relates to the Consitution.

In short, the constitutional issue of Marbury v. Madison is whether Congress can change the original jurisdiction of the Supreme Court.

This is a good point:
"Although Marbury v. Madison was the first case in which the U.S. Supreme Court exercised the power of judicial review, it was a narrowly based decision: It declared unconstitutional a power which Congress sought to grant to the Court itself, and it was found to conflict with Article III of the Constitution, which governs the Federal courts. Marbury thus lies at the intersection between judicial review in the modern sense and the older theory that each branch of government is responsible (to the people) for keeping its own acts within the bounds of constitutionality. (Jackson held that he had no constitutional power to enforce Worcester v. Georgia, for example.) No general Federal law was struck down until Dred Scott v. Sandford in 1857, more than half a century later. However, the Court treated the decision with deference: between 1804 and 1894, Marbury was cited in 49 separate opinions in the United States Supreme Court. Of these, 24 citations extend or reiterate Marbury's jurisdictional holding."

This was at the time when Jefferson, our 3rd president was entering office. At that time the new nation was still trying to figure out how this new thing called "democracy" would work. This case, helped to establish the Supreme Court as the 3rd Branch of government not just as stated in the Consitution but, in real time, and action. Hope this helps...

2007-01-05 13:35:18 · answer #1 · answered by TheHotelGuy 2 · 1 0

Even to this day, the holding of the Supreme Court still applies.

"Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits."

2007-01-05 20:10:34 · answer #2 · answered by sgt_cook 7 · 0 0

judicial review

2007-01-05 22:33:39 · answer #3 · answered by Anonymous · 0 0

fedest.com, questions and answers