Chief Justice: (the highest ranked judge)
chief justice (n.) The presiding judge of a high court having several judges, especially the U.S. Supreme Court.
John Marshall and Marbury:
Court invalidated a provision of the Judiciary Act of 1789 on the grounds that it violated the Constitution by attempting to expand the original jurisdiction of the Supreme Court. Marbury was the first case in which the Supreme Court ruled an act of Congress unconstitutional; it firmly established the doctrine of judicial review. Oddly enough, the Justice-of-the-Peace commissions which were the subject of the Marbury case were to be delivered to the nominees by then-Secretary of State, John Marshall. Some historians have speculated that Marshall may have deliberately failed to deliver several of the commissions so as to trigger a case that would ultimately create the doctrine of judicial review. The Court's decision was opposed by President Thomas Jefferson, who lamented that this doctrine made the Constitution "a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."
http://en.wikipedia.org/wiki/John_Marshall#Supreme_Court_career
further insight:
http://swc1.hccs.cc.tx.us/courses/government/gov_ereader/national_government/ereader_natgov12/rose
2007-01-09 09:13:12
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answer #1
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answered by Melli 6
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In the Presidential election of 1800, Thomas Jefferson defeated John Adams, becoming the third U.S. President. Although the election was decided on February 17, 1801, Jefferson did not take office until March 4, 1801. Until that time, Adams and the Federalist-controlled U.S. Congress were still in power. Congress passed a new Judiciary Act, creating a number of new courts to be controlled by the Federalists.
On March 2, Adams appointed 42 Federalists to these courts while sitting as a lame duck on the second-to-last day of his term. The following day, on March 3, the judges were approved by the Senate. One of these "Midnight Judges" was William Marbury, appointed to a position as Justice of the Peace in the District of Columbia. On March 4, Adams left office and Jefferson was inaugurated as President.
Marbury's commission, as well as those of others who were part of the lawsuit, were signed by Adams and John Marshall, his Secretary of State. To be effective, however, the commissions had to be delivered to them. It fell to John Marshall to carry out this task, but he did not deliver Marbury's commission. As a complication of matters, Marshall had been appointed as Chief Justice of the Supreme Court of the United States on February 4, but had continued to act as Secretary of State until Jefferson was inaugurated. On March 3, Marshall became Chief Justice, and swore in Jefferson.
Marbury v. Madison was the first case in which the U.S. Supreme Court exercised the power of judicial review. 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.
Chief Just of the Supreme Court is not unlike the Chairman of the Board -- He sets schedules, and otherwise administers and leads the direction of the Court. It is more administrative and dictatorial.
2007-01-09 09:19:47
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answer #2
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answered by texaskelt 5
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The case of William Marbury against the secretary of state James Madison is an substantial case interior the history of the US ultimate court. while Adams become no longer reelected, he appointed many judges earlier Jefferson took place of work. those are stated as nighttime judges for he become staying up until the nighttime earlier the inauguration appointing the judges. William Marbury become one. while the recent sec. of state refused to offer him the job, he sued. whether they agreed he ought to get the job, they could no longer make Madison supply it to him. at the same time as reviewing the case and the guidelines utilized, they ruled a regulation to be unconstitutional. This prevalent judicial evaluate which nonetheless performs somewhat in our criminal gadget. that's how the final court can rule a regulation unconstitutuional while that's reviewed for the time of a case.
2016-12-12 07:54:02
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answer #3
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answered by Anonymous
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