The Case Marbury V. Madison

Decent Essays

One of the major results of the case Marbury v. Madison was this term called judicial review. Judicial review, today, is a task that the Judiciary Branch of the government performs on legislative acts that are passed to determine whether or not the acts are considered Constitutional. One of the biggest changes made not too long ago by the Judges in the Judiciary Branch, using judicial review, was the ruling that restricting same-sex marriage is considered unConstitutional and they made same-sex marriage legal in all fifty states. This would not have been possible if William Marbury did not sue Secretary of State James Madison. In this essay I will be explaining what the third article states in the Constitution and what the duties of the …show more content…

The third amendment also talks, in the second section, about what types of trials the Court hears. Some examples of those cases include: when a person sues the government, something that affects American Ambassadors, and almost anything on a national level that includes the government (Judicial Learning Center). In the second section it also discusses the kinds of trials that the Supreme Court hear, those include, original jurisdiction and appellate jurisdiction. Original jurisdiction is when the case goes directly to the Supreme Court and they are the first ones to hear it and their decision is final (Judicial Learning Center). Appellate jurisdiction is where the lower federal courts hear the case first and then it is worked all the way up to the Supreme Court where the final decision is made (Judicial Learning Center).
In the case of Marbury v. Madison the Supreme Court at the time interpreted what the Constitution says in the third amendment as they have the power to determine whether or not a law is considered unConstitutional. The exact words of the Constitution that come close to coming to that solution state, “The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish” (Const. amend. III, sect. 1). This excerpt of the Constitution is most likely where the

Get Access