Translate

Showing posts with label policy. Show all posts
Showing posts with label policy. Show all posts

11 Nov 2020

Marbury v. Madison (1803)


Marbury v. Madison (1803)



Citation: Show-cause order served on James Madison, Secretary of State, 1802; Records of the Supreme Court of the United States; Record Group 267; National Archives.
(on Archives.gov)


The decision in this Supreme Court Case established the right of the courts to determine the constitutionality of the actions of the other two branches of government.

Outgoing President John Adams had issued William Marbury a commission as justice of the peace, but the new Secretary of State, James Madison, refused to deliver it. Marbury then sued to obtain it. With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful. The document shown here bears the marks of the Capitol fire of 1898.

“A Law repugnant to the Constitution is void.” With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. Nothing in the Constitution gave the Court this specific power. Marshall, however, believed that the Supreme Court should have a role equal to those of the other two branches of government.

When James Madison, Alexander Hamilton, and John Jay wrote a defense of the Constitution in The Federalist, they explained their judgment that a strong national government must have built-in restraints: “You must first enable government to control the governed; and in the next place oblige it to control itself.” The writers of the Constitution had given the executive and legislative branches powers that would limit each other as well as the judiciary branch. The Constitution gave Congress the power to impeach and remove officials, including judges or the President himself. The President was given the veto power to restrain Congress and the authority to appoint members of the Supreme Court with the advice and consent of the Senate. In this intricate system, the role of the Supreme Court had not been defined. It therefore fell to a strong Chief Justice like Marshall to complete the triangular structure of checks and balances by establishing the principle of judicial review. Although no other law was declared unconstitutional until the Dred Scott decision of 1857, the role of the Supreme Court to invalidate Federal and state laws that are contrary to the Constitution has never been seriously challenged.

“The Constitution of the United States,” said Woodrow Wilson, “was not made to fit us like a strait jacket. In its elasticity lies its chief greatness.” The often-praised wisdom of the authors of the Constitution consisted largely of their restraint. They resisted the temptation to write too many specifics into the basic document. They contented themselves with establishing a framework of government that included safeguards against the abuse of power. When the Marshall decision Marbury v. Madison completed the system of checks and balances, the United States had a government in which laws could be enacted, interpreted and executed to meet challenging circumstances.

(The order bears the marks of the Capitol fire of 1898. )

(Information excerpted from Milestone Documents in the National Archives [Washington, DC: National Archives and Records Administration, 1995] pp. 23-24.)

Labels

. (5) 4K (1) a (14) ABANDONED (51) Abandoned Medieval Castle (1) Abandoned Mine (2) Advanced Civilization (36) AI Weapons (16) ALIEN EVIDENCE (29) Alien Life (3) Alien Technology (3) Aliens and Robots (4) Almost DIED (4) ancient (31) Ancient Artifacts (9) Ancient Artifacts Pyramids (9) Ancient Ruins (7) Ancient technology using physics and chemistry. Ancient technology (5) Ancient White People. waga (1) antennas (3) Archaix (2) Artifacts (1) Artificial Sun (1) as IAM a420rhbrh. (1) Best Evidence Proving Aliens Exist (7) bravo (1) CABBAGE PATCH (1) Camping (3) catastrophe (31) Caught on Camera (1) CERN (1) change the future (20) chemical engineering (1) Civilization (1) Classified (2) CLONING (1) Conspiracy (1) Corporate (10) Cover-Ups (29) cp freaks waste of skin trash sicko. repent or die! no more (1) creative frequencies (27) Creepiest TikToks (4) Creepy (1) Creepy and Scary (3) CREEPY TikTok (1) Creepy TikTok's (14) Creepy TikToks (6) Creepy videos (2) CRIMINAL (7) Criminal Messaging Network (1) Crusade (3) Cursed UUnlockednlUnlockedocked (2) Dark Corners of the internet (125) DARK MATTER (14) DARK MATTER EXISTS 2022 (VERIFIED BY THE SHADOW THEORY AND LAW PARTICLE) (2) Dark Matter Portals (1) DARK WEB (2) Defy The Laws Of Physics (3) DEMON (5) DEMONIC ENTITIES (5) Demons (3) destructive modern technologies (22) destructive technology (1) Did a (7) did you catch this??? life from the inanimate (1) dielectric fields (1) Disturbing (1) Disturbing Discoveries (1) Documentary (3) eclipse (1) electric fields (1) Electricity (1) Electrogravitic (1) energy (1) engineering (1) enhancing water (1) entities (12) Evidence (20) existence (1) exowomb (1) facts (1) fake moon (1) fake sun (2) FBI (1) fermi (1) ffake x (6) food (1) Fractal Toroidal Moment (1) fucked up shit (1) funding help (11) genius (9) ghosts (79) giving back (1) Glitch (64) Graveyard (2) guns (4) Harvesting Human Souls (1) HAUNTED (11) HAUNTED f (50) Haunted House (5) he Amazon Rainforest (1) hemisync (17) HIDDEN . (2) history (17) Hole (1) huanitarian aid (1) Human History (1) human psyche. (5) humanity (9) illegal weapons systems (3) investigations (40) ionosphere. HAARP (5) Jerusalem (1) Kryptos Code 4 solved (2) law (8) Levitating Statue (1) Lidar (1) Lost Citied (1) Lost Cities (31) Lost Civilization Found (14) Lost Ruins (7) Lost Technology (89) LOVE (16) magnetic fields (1) magnetism (1) Mandela effect (9) Mansion (2) maps (17) Mars (1) Martian (1) matrix (82) Mega Machines (10) Megalithic (4) megaliths (7) Megastructure (3) military (32) Military Lasers and Directed Energy Weapons (8) missing (7) Monoliths (1) moon (20) moon and sun simulator (1) MORONS (1) mpox the facts (2) Mysterious (9) Mysterious Creatures (4) mysterious discoveries (41) Mystery history (1) n (1) nanobubble (1) NASA and the government (17) NASA government (3) NASA LIES (1) nazi Experiments (8) Nazi in plain-sight (1) Nazi in plainsight (1) nazi inplainsight (9) NEWS (54) non-human entities (16) nvestigations (6) OCCULT (88) Ocean Mysteries (11) on the Moon (2) Paranormal Files Marathon: Mind Boggling Sightings and Abductions (1) PARANORMAL INVESTIGATION (1) Patents (1) Phobos (1) Physics (2) police abuse (1) policy (1) Portal (2) Practical Application (2) Pre-Egyptian Technology (10) Pre-Flood -Civilization (1) Pre-Flood Ruins (9) Project Looking Glass (1) propaganda (16) Propulsion (2) psychological experimen (1) psychological experiment (5) Psychotronics (6) pump (4) Pyramid (8) Pyramids (7) quantum (1) Questions (1) REACTION (1) reaction creepy (11) Reality (9) red vs blue & white triangle (5) relic (4) research (4) Reverse Speech (1) ritual (1) rocket (8) Ruins (1) Secrets (1) sharing is caring (1) shipwrecks (3) SITES LINKED TO THE HIDDEN (5) Skinwalker (1) Sky Trumpets (1) Solomon's Temple (1) solutions (1) Sonic Magic (1) Sound (1) space (16) Space Programs (1) space weather (2) Strange Case (8) Strange Things Caught On Live TV (1) STRANGE Tik Toks. Realitys. R (2) sun (1) symbology (28) Temple (2) Terrifying Creatures From The Bible (1) Terrifying Experiments (5) the dark side of YouTube. (7) The Hidden (53) The Hidden banner ad (2) The Human Mind (6) The Moon (3) the True Cross. Holy (1) The Universe (1) The Unknown. (12) Tik Toks (1) Tik Toks. (2) TikTok (1) TikTok. cult (4) TikTok. culy (1) TikToks (1) time (1) Tomb Discovered (1) Treasure (1) Treasure and Artifact's Finds (2) truth (105) Tunnel (29) Tunnels (2) uap (1) ufo (68) UFOs (11) Underground (3) Unexplained (24) Unexplained Mysteries (2) Unknown Civilization (16) Unsolved Mysteries (166) Vampires Immortals (1) VIMANA (1) water (1) weather sat tools (17) Weird videos (1) Where did this COME FROM (1) white triangle (16)