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Marbury v. Madison, 1803

1. The Marbury v. Madison case established

the right of the Supreme Court to rule on

the constitutionality of laws.

2. It provided a way to check the powers

of Congress and the president, and thus

more effectively balanced the powers of all

three branches of the federal government.

3. On the one hand,Marshall declared the

Judiciary Act unconstitutional because the

power for Congress to pass such an act

was not mentioned in the Constitution. Yet

at the same time he believed the Supreme

Court had the power to declare a law

unconstitutional, even though this power

was not specifically mentioned in the


4. Answers will vary. Students who favor

the Court's power may say that it provides

a check on Congress and more equally

balances the power of the three branches

of government. Students who oppose

the Court's power may say that since

Congressional representatives are elected,

they represent the will of the people, so

the laws passed by Congress should stand

and not be subjected to a review by a

Court of appointed judges.

5. Answers will vary. Students who think the

influence of personal politics on Court

rulings is improper may say that legal opinions

should be based on a legal interpretation

of the Constitution law and not on

politics. Students who accept political

influence on Court rulings as proper may

say that it often reflects the will of the



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12y ago
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11y ago
CASE STUDY 55Bethel School District v. Fraser, 1986 1. The Court ruled that schools have a basic responsibility to prepare students for responsible citizenship; thus, the Court considered it appropriate for school officials to insist that students stay within the boundaries of socially appropriate behaviour. 2. Unlike Tinker in which students wore armbands to school to protest the Vietnam War, the Fraser case involved a student's objectionable and disruptive, but essentially nonpolitical, speech. 3. Students' answers may vary. One possibility is that the Court would probably have ruled that school authorities would have no right to punish a student for speech or action that did not disrupt the school's basic educational mission. 4. The Court ruled that students do not necessarily have the same First Amendment rights as adults because freedom of speech must be balanced against society's countervailing interest in teaching students the boundaries of socially appropriate behaviour. 5. Students' opinions will differ. Students who agree with the Court's ruling may say that school teachers and administrators need to be able to prevent or to discipline student behaviour that undermines the school's basic educational mission. Students who disagree may say that the First Amendment should apply to all citizens regardless of their ages or occupations and that by putting ago imitation on the protection of speech, the Court has weakened the First Amendment.
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10y ago

What reason did the president give for justifying his claim of executive privilege

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Q: What is the supreme court case study 1 answers?
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