Case Study 1: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)

In 1803, the Supreme Court, led by
Chief Justice John Marshall, decides the landmark case of William Marbury versus
James Madison, Secretary of State of the United States and confirms the legal
principle of judicial review–the ability of the Supreme Court to limit
Congressional power by declaring legislation unconstitutional–in the new nation.

Analyze the following case in
preparation to answer the questions that follow a systematic approach to your
synthesis of law and fact. The final work product is a legal memorandum that
articulates whether judicial review is still vital to the power of the Supreme
Court which is to be presented to members of a judicial tribunal.

Review the following
case:

• Marbury v.
  Madison, 5
  U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803) located at http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137.

Write an eight to ten (8-10) page
paper in which you:

1. Prepare a two to three (2-3) page
   briefing on the case that you reviewed in which you utilize the following areas
   of importance: a) issue presented; b) short answer; c) the facts of the case; d)
   a summary of the case; and e) a conclusion of the case outcome.
2. Review the concept of judicial
   review, and explain the fundamental manner in which the Court obtained the power
   of judicial review.
3. Interpret the following quote from
   Thomas Jefferson in a letter to W.C. Jarvis, dated Sept. 28, 1820: “It is very
   dangerous doctrine to consider the judges as the ultimate authority of all
   constitutional questions.” Provide a rationale for your
   interpretation.
4. Specify whether or not you believe
   Chief Justice John Marshall’s claim of the power of judicial review for the
   judicial branch constituted a usurpation of power.
5. Review the Court’s decision in
   Marbury and determine
   whether the Court acted in any fashion in order to improve the system of checks
   and balances that exits among the branches of government.
6. Use at least two (2) quality
   references. Note: Wikipedia and other Websites do not quality
   as academic resources.

Your assignment must follow these
formatting requirements:

• Be typed, double spaced, using Times
  New Roman font (size 12), with one-inch margins on all sides; citations and
  references must follow APA or school-specific format. Check with your professor
  for any additional instructions.
• Include a cover page containing the
  title of the assignment, the student’s name, the professor’s name, the course
  title, and the date. The cover page and the reference page are not included in
  the required assignment page length.

The specific course learning outcomes associated with this assignment
are:

• Illustrate the workings of the
  adversary system.
• Analyze the functions of law and
  identify various types of law.
• Use technology and information
  resources to research issues in U.S. Courts.
• Write clearly and concisely about
  U.S. Courts using proper writing mechanics and APA style conventions.