scroll to top
Stuck on your essay?
Get ideas from this essay and see how your work stacks up
Word Count: 1,161
Power of Judicial Review- Marbury v Madison one of the first Supreme Court cases asserting the power of judicial review is an effective argument for this power however it lacks direct textual basis for the decision Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution During the early testing period when few precedents existed there was much debate about fundamental issues concerning what was intended by the words of the Constitution and which part of government should have the final word in defining the meaning of these words Marshall used the Marbury case to establish the Supreme Courts place as the final judge Marshall identified three major questions that needed to be answered before the Court could rule on the Marbury v Madison case The first of these was Has the applicant a right to the commission he demands The Constitution allows that the Congress may by Law vest the Appointment of such inferior Officers as they think proper in the President alone Art II 2 The Judiciary Act of 1793 had given the President the right to appoint federal judges and justices of the peace there is no dispute that such an appointment was within the scope of the presidents powers Debate arises because the Constitution is silent on the exact time at which the appointment is considered complete The Supreme Court ruled that when a commission has been signed by the president the appointment is made and that the commission is complete when the seal of the United States has been affixed to it by the secretary of state This ruling does not have direct constitutional support but it is not an
@Kibin is a lifesaver for my essay right now!!
- Sandra Slivka, student @ UC Berkeley
Wow, this is the best essay help I've ever received!
- Camvu Pham, student @ U of M
If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA