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Test File
By: Sebastian

Marbury v. Madison

Marbury v. Madison

Order Description

Review the following case: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. ED. 60 (1803) located at http://caselaw.lp/.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137.

1). prepare a two to three page briefing on the case in review in which you utilize the following areas of importance: a).issue presented; b)short answer; c) the facts of the case; d)summary of the case; e) a conclusion of the case.

2) review the concept of judicial review, and explain the fundamental manner in which the court obtained the power of judicial review.

3). Interpret the following quote from Thomas Jefferson in a letter to W.C. Jarvis, dated Sept. 28, 1820. “Its very dangerous doctrine to consider the judges as the ultimate authority of all constitutional question”. Provide a rationale for the interpretation.

4).Specify whether or not you believe Chief Justice John Marshall’s claim of the power of judicial review for the judicial branch constituted a usurpation of power.

5). review the courts decision in Marbury and determine whether the court acted in any fashion in order to improve the system of checks and balances that exists among the branches of government.

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