Marbury Decision the Decision by Term Paper

Total Length: 508 words ( 2 double-spaced pages)

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Chief Justice
Marshall uses the Marbury decision to make a landmark case on the power of
the courts, and does so based not on specific articles within the
Constitution, but on his perception of what his belief and perception of
the power of the Courts and thus the Constitution should be. He believes
that the character of the Constitution in this case is defining the right
of the Supreme Court to judicially review federal legislation which thus
means that it is a broad right. It is not strictly defined, but rather is
a general right to ensure that the Constitution is followed above all other
laws. Chief Justice Marshall refers to very broad terms, such as the duty
of the courts, thus reflecting on the broad based nature of the right.

Ultimately, Marshall believes the judge's oath, which requires them to
uphold the Constitution before the other laws of the United States means
that the Constitution is the most important. It is therefore the broad
power of the Courts to make sure that the Constitution is followed.
Without specific legislative power, Chief Justice Marshall finds the
Supreme Court's power to be in the nature of the position and the
Constitution itself. The Supreme Court must make sure the Constitution is
followed in the event that the legislative or executive ignores the supreme
laws of the United States. This landmark decision redefined the role of
the Supreme Court giving it greater power in the United States government......

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