This 4 page paper examines the critical role that Marbury v Madison played in establishing the power of the Supreme Court. Also discussed are the abuses of this power by the modern court. Bibliography lists 4 sources.
Name of Research Paper File: D0_MBscourt.rtf
Unformatted Sample Text from the Research Paper:
it into the daily headlines, but only rarely does the general public catch a glimpse behind the doors of the top judiciary branch in the United States: the Supreme Court.
Many have argued that year after year the Supreme Court has gained power beyond what the original founders of the Constitution and the country envisioned. The jurisdiction to be the
policy makers of US Law was never the founders intention, but rather that the judiciary should act in a partnership with the other branches of government. To that end, then,
one would have to agree that the Supreme Courts reach exceeds its grasp. Article III, Section 1 of the Constitution provides that "the judicial Power of the United States, shall
be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."1 Coupled with the Judiciary Act of 1789 the
United States Supreme Court came into being. In the beginning there were federal circuit courts and federal district courts, and the President had the sole right to nominate justices for
appointment to the bench, with the approval of the Senate. From the beginning, most experts agree, the Judicial Branch was by far the weakest branch of government. As such, they
tended to avoid controversy in the early days. That is, until Chief John Marshall became the chief justice of the Supreme Court. It was his contention that the Supreme Court
should take a leadership position in hearing controversial cases which challenged the Constitution. Unfortunately, this caused some problems. As it was structured only members of the ruling Federalist Party
were appointed to the bench, basically stacking the deck for the Federalists, no matter who the majority was in Congress. Under the terms of the Constitution, those appointed to the