Thursday, February 27, 2020
Marbury vs. Madison Case Essay Example | Topics and Well Written Essays - 500 words
Marbury vs. Madison Case - Essay Example Some legal scholars have accepted the legitimate reasoning of Marshall while others remain to challenge the decision he made toward the Marbury vs. Madison case. Alexander Bickel question John Marshall ruling, Bickel argued that Marshall Verdict in advocated justice for Marbury vs. Madison case was unconvincing and power-driven interpretation of jurisprudence. Marshall recommended that the Supreme Court had an outright obligation to strike-down every rule it discovers violated the constitution. Ã¢â¬Å"It is emphatically the province and duty of the Judicial Department to say what the law is" Bickel foresees that consenting the constitution to mean whatever the Supreme Court perceives to be right might turn the constitution into a mere document in the hands of the judges. Consequently, judges may twist and shape the constitution into any form that delights them rather than giving the legal decision that will facilitate court attaining decision that depict legitimate, fair and just rul ing. Alexander Mordecai Bickel puts evidently that the aim of John Marshall was using federalist tactic to craft a strong central government over the opposition of Jeffersonian who was alacritous to have a resilient state government. Therefore, John Marshal used the case to establish the Supreme Court as center of power, proficient at overruling the legislature, the president, and the state. Bickel believed that allowing Supreme Court to dictate the constitution might turn it susceptible as judges may desire to shape and twist the constitution towards their lusts, personal gains and egotistical interests2. It is important that Alexander BickelÃ¢â¬â¢s notion is taken into consideration to circumvent future judges from using their positions for personal interest. Conversely, Supreme Court remained to be a vital constitutional independent branch, but it has to incorporate other institution such as congress, and the state interest thus fashioning a holistic relationship for sustainabl e governance of the country.