Madison v. Marbury: Devil’s Advocate

Madison v. Marbury: Devil’s Advocate

In the tavern, you find that the other guests discussing the then-just announced Supreme Court decision of Marbury v.
Madison, 5 U.S. (1 Cranch) 137 (1803). Read the case and the lecture notes, both of which can be found in the Resources
section of this classroom. Read the case so that you can join in on the discourse. (Side excursion:
http://www.youtube.com/watch?v=3TVkeRUvX_U) The tavern guests, as well as the parties to the lawsuit, remember well the
tumult of the American Revolution, the political confusion and financial austerity while under the Articles of Confederation,
as well as the ratification of the federal Constitution.

Consider the hot button issues of that era as the background scenery behind the center focus for this week: judicial review.
In the United States, all courts have the power to review decisions of the other branches of government and determine their
constitutionality, but the final power of judicial review rests with nine appointed justices of the Supreme Court

Now, expand the tavern discussion here in this forum (it’s ok to explain contemporary context, too):

First Explain why: (a) the Judicial Branch is best suited to have this authority and (b) the United States could not have a
workable system of government without judicial review. Defend your answer with academic quality resources.

Second Explain why (a) the Judicial Branch is not well suited for this authority and (b) the United States would be better
served without judicial review. Defend your answer with academic quality resources.

All Responsive Posts: Play devil’s advocate by providing logical arguments that oppose those presented in someone else’s
initial post.

**NOTE: You must cite sources in Bluebook format to support and defend your position.****