The United States Constitution following Marbury vs Madison
The founding fathers framed the United States Constitution to protect the weak from the strong, and to guarantee fairness, liberty and equality to all. In doing so they would avoid a centralized, tyrannical authority that could infringe on individual human rights. It formed three branches of government to ensure that no one branch had more power over another. It created a bicameral legislature (the House of Representatives and Senate) which enacted the laws. Along with this, the executive branch consisted of the president who had the right to veto the laws Congress passed and his cabinet departments that implemented his policies. The writers of the Constitution had given the executive and legislative branches powers that would limit each other as well as limit the judiciary branch. The role of the judiciary branch was not settled until the Marbury vs. M
The Supreme Court Justice, Marshall, knew that Madison had no intention whatsoever of delivering the commission to Marbury. In other words, Congress could only pass laws that would pass constitutional muster as determined by the courts. The authors of the Constitution should be praised primarily because of the flexibility that was incorporated into the basic document. Upon doing this, Adams was accused of attempting to cement the Federalist views in the judicial branch that he had been trying to instill throughout his presidency. Thomas Jefferson, the new president, strongly disagreed with Adams' supposed plot, and it became evident that there would be issues between the Jeffersonian President and the Federalist courts. The Supreme Court's ultimate decision in this case completed the system of checks and balances. However, if the court found Madison guilty, the struggle that would follow between the executive branch and the judicial branch would be prodigious. President Jefferson's secretary of state, James Madison, refused to deliver the appointment Adams had made for William Marbury to be named Justice of the Peace. That is, "a command issuing in the name of the sovereign authority from a superior court having jurisdiction directed to some person. As a result, the disgruntled appointee, Marbury, sued the executive, Madison, for a writ of mandamus. The United States government was now equipped with a system to pass, implement, and interpret laws to meet even the most challenging of circumstances. It was the Marbury vs Madison case that finalized the system of checks and balances, the same arrangement that carried the United States government successfully over decades of conflict, wars, economic and civil strife, and over forty years of presidential elections. which the superior court has previously determined, or at least supposes to be consonant to right and justice" (Online legal dictionary).
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