American history

 

This discussion forum will require you to read the following

  • Read Article III of the Constitution,  which addresses the Supreme Court, paying close attention to what it  states, and also what it does not say. Identify the specific powers that  are granted to the Supreme Court.
  • Read the relevant sections of Chapter 9, in particular, the chapter’s discussion on the Judiciary Act of 1789, and a discussion of the act.
  • Read Chief Justice Marshall’s opinion in Marbury v. Madison,  considered to be one of the most important Supreme Court decisions in  American history.  How does Marshall build his case for judicial review  in this decision?

After completing your readings, post your response to only ONE of the following questions:

  1. Why was establishing the power of judicial review an  important step for the Supreme Court? Consider-What if this case had  never come before the court?
  2. In your opinion, did Chief Justice Marshall or the Supreme  Court have the “power” to make this decision?  Make sure that you  support your argument, and keep in mind that all the delegated powers  granted to each branch of government are listed in the Constitution.

https://www.archives.gov/founding-docs

https://www.fjc.gov/history/home.nsf/page/landmark_02.html

https://www.ourdocuments.gov/doc.php?flash=true&doc=19&page=transcript