-an explanation of why the Marbury v. Madison case is a landmark decision. Then briefly describe the Supreme Court case you reviewed and explain the significance of the Marbury v. Madison decision on the outcomes of the case. Be specific.
Note: Put the name of the Supreme Court case you reviewed in the first line of your post. You will be asked to respond to a colleague who selected a different Supreme Court case than you did.
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Powers of the Supreme Court
There are a number of Supreme Court cases that have significantly impacted law and public policy. As you progress through the course, you will review many of these cases. For this Discussion, you are asked to consider the significance of the Marbury v. Madison case.
In the presidential election of 1800, Thomas Jefferson defeated the incumbent president, John Adams, a Federalist. Before John Adams left office, he appointed judges and justices of the peace for the District of Columbia who also were Federalists. All of the appointments for the new judges and justices of the peace were approved in a mass Senate hearing. However, four of the justices of the peace did not receive their commissions before John Adamsâ€™ presidency was over. One of these justices of the peace, William Marbury, petitioned the Supreme Court to force James Madison, the new Secretary of State under Jefferson, to deliver his commission. Marbury cited the Judiciary Act of 1789 which gave the Supreme Court the power to take such an action. In the end, Chief Justice John Marshall of the Supreme Court declared that the Judiciary Act of 1789 was unconstitutional and then denied Marburyâ€™s petition.
This decision was the first time in history that the Supreme Court deemed a legislative act to be unconstitutional. As a direct result of the case, the concept of judicial review was established and the checks and balances of the U.S. Government were further defined.
2-a brief explanation of the Supreme Courtâ€™s role in policy making. Then describe two strengths and two limitations of the Supreme Courtâ€™s role in policy making.
Role of the Supreme Court in Policy Making
While the U.S. Supreme Court is extremely powerful, theoretically, it is not able to create law or public policy in the way that Congress or the President does. However, the Supreme Court is able to review public policies or laws that are disputed and determine their constitutionality. Supreme Court justices must determine which cases or disputes to hear and then determine if the laws or policies in such cases are constitutional. If they rule that the laws or policies are unconstitutional, they make recommendations about how the laws or policies should be changed or adapted. In this way, the Supreme Court engages in policy making.
To prepare for this Discussion:
Review the Preface and Introduction in the course text, Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States. Consider the history of the Supreme Court and what the Court does and does not do.
Review the article “The Supreme Court 2005 Term: Foreword: The Courtâ€™s Agendaâ€“and the Nationâ€™s.”
Focus on the role of the Supreme Court in policymaking.
Think about the strengths and limitations of the Supreme Courtâ€™s role in policy making