Original Marshall
Original Marshall
Question about Marbury v Madison Case?
What was its significance and can you paraphrase these issues?
1) Does Article III of the Constitution create a "floor" for original jurisdiction, that Congress can add to, or does it create an exhaustive list that Congress can't modify at all?
2) If Article III's original jurisdiction is an exhaustive list, but Congress tries to modify it anyway, who wins that conflict, Congress or the Constitution? And, more importantly, who is supposed to decide who wins? In his answer to this last question, Marshall formalizes the notion of judicial review.
Also, the ruling in this case is confusing. What does this mean? 1) Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits.
Marshall's interpretation of the Judiciary act and its constitutionality is no longer good law.The only thing from the case that has stood the test of time is the use of judicial review.
If you really want to know I will give it a go. The judiciary act of 1789 set up most of the federal court system including the appelate courts. By original jurisdiction means a court can hear a case without any lower court reviewing the case. Marshall was saying that congress could not give original jurisdiction to cases that were not included in the list in the constitution of original jurisdiction cases. Marshall concluded that this list was all inclusive and could not be added to as opposed to a floor that would be a minumum of which cases couldd be heard through original jurisdiction. Marshall said the judiciary act conflicted with the concept of an all inclusive list so was unconstitutional.
The concept of judicial review was one possible remedy to the problem of conflicts with the constitution and has been widely accepted as the most effective method even though there is no explicit language in the constitution to support the conclusion that the judical tool is allowed.
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