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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

Constitution.

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

majority.

CASE

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