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What does Marshall say is the duty of the court when a law is repugnant to the constitution?
Marshall asserts that it is the duty of the court to uphold the Constitution as the supreme law of the land. When a law is found to be repugnant to the Constitution, the court must declare it void and refuse to enforce it. This principle reinforces the judiciary's role in interpreting the law and ensuring that legislative actions comply with constitutional standards. Ultimately, the Constitution serves as a safeguard against legislative overreach.
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Why must a law be struck down if it violates the Constitution?
Decision of the Supreme Court in Marbury v. Madisondelivered by Chief Justice John Marshall"So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, … the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.…The particular phraseology [wording] of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument."
What does duty of the court signify in the process explained above by marshall?
The duty of the court, as explained by Marshall, signifies the obligation of the judiciary to interpret and apply the law impartially and fairly. It underscores the court's role in ensuring justice is served, maintaining a balance between legislative intent and constitutional principles. This duty is crucial for upholding the rule of law and protecting individual rights within the legal framework. Ultimately, the court's duty reinforces its position as a guardian of the Constitution and the rights it enshrines.
What did Marshall mean by the phrase it is emphatically the province and duty of the judicial department to say what the law is?
Marbury v. Madison, 5 US 137 (1803)Chief Justice John Marshall made that statement in the opinion of the Court in Marbury v. Madison:"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."
What was the long term importance of the supreme courts decision in marbury v Madison?
The Court decided that Marbury's request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously (4-0) that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision.This case is the Court's first elaborate statement of its power of judicial review. In language which remains relevant today, Chief Justice Marshall said, "lt is emphatically the province and duty of the judicial department to say what the law is." Nowhere in the Constitution does the Court have the power that Chief Justice Marshall proclaimed. Despite there being no mention of such power in the Constitution, since 1803, our Nation has assumed the two chief principles of this case: that when there is a conflict between the Constitution and a federal or state law, the Constitution is supreme; and that it is the job of the Court to interpret the laws of the United States.Case Citation:Marbury v. Madison, 5 US 137 (1803)
The duty of the Supreme Court is to what laws?
The duty of the Supreme Court is to interpret and apply laws. They review cases and determine whether laws or actions are constitutional or not. When there are disputes or conflicts involving the interpretation or application of laws, the Supreme Court has the final authority to decide on them.
What was the long-term importance of the supreme court's decision in Marbury v. Madison?
The Court decided that Marbury's request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously (4-0) that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision.This case is the Court's first elaborate statement of its power of judicial review. In language which remains relevant today, Chief Justice Marshall said, "lt is emphatically the province and duty of the judicial department to say what the law is." Nowhere in the Constitution does the Court have the power that Chief Justice Marshall proclaimed. Despite there being no mention of such power in the Constitution, since 1803, our Nation has assumed the two chief principles of this case: that when there is a conflict between the Constitution and a federal or state law, the Constitution is supreme; and that it is the job of the Court to interpret the laws of the United States.Case Citation:Marbury v. Madison, 5 US 137 (1803)
What did John Marshall call the very essence of judicial duty?
John Marshall referred to the very essence of judicial duty as the obligation to interpret the law impartially and uphold the Constitution. He believed that the judiciary should act as a check on the legislative and executive branches, ensuring that their actions conform to constitutional principles. This perspective was crucial in establishing the principle of judicial review, allowing the Supreme Court to invalidate laws that were found to be unconstitutional. Marshall emphasized that the judiciary's role is to maintain the rule of law and protect individual rights.
What is the main task of judicial?
In the opinion of the case Marbury v. Madison, 5 US 137 (1803), Chief Justice John Marshall wrote:"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."
What were Chief Justice Marshall's reasons for deciding the Supreme Court could review acts of Congress?
Marbury v. Madison, 5 US 137 (1803)Chief Justice Marshall had several lines of reasoning explaining why the Judicial branch (most particularly the US Supreme Court) had the right and obligation to determine the constitutionality of acts of Congress:The principles of the Constitution and the authority from which they proceed is Supreme over any enacted law.Congress couldn't be allowed to write laws that conflicted with or changed the Constitution, or it would wield so much power it could change constitutional principles by simple acts of legislation, rendering the Constitution meaningless.The powers of the legislature were deliberately defined and limited.Article III of the Constitution explicitly conferred authority over all legal matters to the Supreme Court: "[t]he judicial power of the United States, shall be vested in one Supreme Court..."The Justices were required to take an oath upholding the Constitution, implying they had responsibility for maintaining its integrity. "It is emphatically the duty and province of the Judicial Department to say what the law is."An act contrary to the Constitution cannot be a law, must be considered void, and cannot be upheld by the judiciary.In summary, Marshall wrote:"Why does a judge swear to discharge his duties agreeably to the Constitution of the United States if that Constitution forms no rule for his government? if it is closed upon him and cannot be inspected by him?"If such be the real state of things, this is worse than solemn mockery. To prescribe or to take this oath becomes equally a crime."It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank."Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument."
When and why the supreme court would have jurisdiction over a state court case in which the defendant claims his civil rights were violated?
A violation of a person's civil rights is direct infringement on a person's protections granted by the US Constitution, in which case The Supreme Court has a duty to uphold the Constitution and full jurisdiction in the case.
Does the judicial branch expound the laws?
Chief Justice John Marshall, speaking for the Supreme Court in the early case of Marbury v. Madinson, declared that it was the duty of the judiciary to say what the law is, and that this duty included expounding and interpreting the law.
What does Marshall call the and very essence of judicial duty?
Marshall refers to the essence of judicial duty as the obligation to interpret the law impartially and uphold the Constitution. He emphasizes that judges must apply the law without bias, ensuring justice and maintaining the rule of law. This commitment to the principles of justice and constitutional supremacy is foundational to the judiciary's role in American democracy.
