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The Sweet Trials Essay

1868 words - 8 pages

A supreme couryt case is going to change the way our government acts. Nine justices on the supreme court – always a swing vote. The supreme court does not take every case it gets – to chooses its cases. They look for cases that will change the way for the way this country will work.

Marbury v. Madison = a case of judicial review. What that means is that the Supreme Court will take a case on appeal and they will make a two part decision. (1) what the lawsuit was about (2) what was the law itself (what law did the case rest upon).
A case of judicial review – the first case of judicial review. It will result in the supreme court gaining a lot of power. Begins on the night ...view middle of the document...

So Madison is supposed to pass out the legal appointments – he must ahnd out thses appointments but Jefferson says do not hand them out – so the President is telling Madoson to break the law. John Marshall once he stopped being secretary of state becomes the Supreme Court Justice. For a time he was both the secretary of state and the supreme court justice. Marbury along with the backing of federalist is going to sue for his appointment so he sues Madison as Madison was supposed to give it to him. The one who was unable to give him the job is the one who will decide if Marbury is right. (Marshall didn’t get the job done under Admas administration). This lawsuit originated in the supreme court – it didn’t go on appeal. Here’s the problem – what idoes John Marshall have to deal with – Marbury v. Madison – he is going to deny the court po9wer to gain greater power lagter.
All cases to the supreeme court must comeon appeal unless the person bringing the suit is an Ambassador. None of which Marberry was – but in 1793 a law passed – the Judiciary Act passed by congress that said it was okay for lawsuits to originate in the supreme court. So Marshall looks at this and he said the supreme court doesn’t have the power to make Madison do that because of the Judiciary Act – the lawsuit should have never originaged in the supreme court. If the Judiciary act says you can originate a lawsuit in the supreme court and the constitution says it does not -= iso the judiciary act is unconstitionjal. It is in conflict with the constitution. This is power to the supreme court . Marshall never gets anything. The lawsuit went on so long his 5 year appointment would have been over anyway – you can pass a law that the supreme court will okay it.Presidents who get to put people on thesupreeme court gets to put someone on there that thinks like them.
The next war
When france cannot take England – England is a bully os they have England to keep them safe so Napolea=on is looking for cash to go against England – he will sell the Mississippi are to the Americans – so anything Spain owned Napolian owns. It falls into our plans as Jefferson was looking to buy New Orleans – since New Orleans is at the bottom of the Mississippi. Jefferson sent over a few individuals with $10 Million to biy New Orleans – they were smart – they talked with Napoleans people and Napoleaons people becomes known as the LA territory for $15 Million so thye got e 13 states for an extra $5 Million which doubled our size. Now that Napoleon has $15 M he delclreas war on England again. He puts into effect the Contintental System – when he realized he could not beat them physically he could economically. It tells everyone under Napoleons control could not trade with England and England’s claim to fame was that it was the only industrialized nation in the world. That means they produce products faster and cheaper so Napoleaon will say lets cru8sh her financaially. He does nto...

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