MadisonThe issue before the Supreme Court was the question of the courts ownconstitutional authority, and to decide whether or not to issue the writ and if this wouldmake the court seem weak.The facts of the case that were presented in the court was that this particular casewas, in fact, being thrown before the Supreme court, and there was an argument as towhether or no the court real had the jurisdiction to decide this case at all. The result of thiscase was that the Supreme Court decided to entitle Marbury his court order. It was thefirst time the Court openly declared an act of Congress unconstitutional. The Court ruledthat Congress exceeded its power in the Judiciary Act of 1789 and it established its powerto review acts of Congress and declare invalid those it found in conflict with theConstitution. I actually think that the framers of the constitution would have consented tothe idea of the Court to have this power of Judicial Review, because it works out quite well for the system of checks and balances because without it Congress would almost have too much power and I am sure the framers wouldnt have accepted that.If the decision had not have validated the idea that the Supreme court had the power of Judicial Review, then Americans would have been a little concerned about thecompetency of the Court and would have thought that it was acting outside its jurisdiction. Justice Marshall stated that the power to decide this case did not come fromthe constitution, but from an act of Congress. The Supreme Court further more hadoriginal powers that extended beyond the constitution, so, in this case, it had the right topass judgment. The point of this was in case the Court had to decide, without Congress, if certain cases had to be decided in Court and not in Congress to allow the Supreme Court to go above Congresss head to make an Important decision, and see for itself if the decision of Congress was deemed unconstitutional and if it sho...
