Marbury V. Madison Essays - 6th United States Congress,

Marbury v. Madison Constitutional Law Marbury v. Madison Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. During the early testing period when few precedents existed, there was much debate about fundamental issues concerning what was intended by the words of the Constitution and which part of government should have the final word in defining the meaning of these words. Marshall used the Marbury case to establish the Supreme Court's place as the final judge. Marshall identified three major questions that needed to be answered before the Court could rule on the Marbury v. Madison case. The first of these was, "Has the applicant a right to the commission he demands?" The Constitution allows that "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, . . . " (Art. II, ? 2). The Judiciary Act of 1793 had given the President the right to appoint federal judges and justices of the peace; there is no dispute that such an appointment was within the scope of the president's powers. Debate arises because the Constitution is silent on the exact time at which the appointment is considered complete. The Supreme Court ruled that "when a commission has been signed by the president, the appointment is made; and that the commission is complete, when the seal of the United States has been affixed to it by the [secretary of state]." This ruling does not have direct constitutional support, but it is not an unreasonable decision. The second question which Marshall addressed was, "If [Marbury] has a right, and that right has been violated, do the laws of this country afford him a remedy?" The answer is logically yes although there are no specific words in the Constitution to support such an answer. Based on the type of government intended by the Constitution, the government is expected to protect individual liberty. As Marshall says, "[The government] will certainly cease to deserve [to be termed a government of laws, and not of men] if the laws furnish no remedy for the violation of a vested right." However, with this assertion Marshall established the power of the Supreme Court to review actions of the executive branch - a power that does not stem directly from the Constitution. The third and final question which Marshall addressed was whether Marbury "is entitled to the remedy for which he applies." Marshall further divides this question into two parts: the nature of the writ and the power of the Supreme Court. In examining the nature of the writ, Marshall solidifies further the Supreme Court authority over members of the executive branch. Marshall admits that "the officer to whom [the writ] is to be directed, must be one to whom, on legal principles, such writ may be directed . . . " and that the Supreme Court cannot "enquire how the executive, or executive officers, perform duties in which they have discretion." Yet Marshall insists that the Supreme Court can issue a mandamus "[where the head of a department] is directed by law to do a certain act affecting the absolute rights of individuals." This assertion does not have Constitutional basis. The Constitution does not expressly grant the Supreme Court power over either of the other branches of government. Finally Marshall gets to the question based on which he decides the case - the Supreme Court's jurisdiction over this case. For the first time in this case, Marshall uses direct constitutional basis to make his ruling. He argues that, "If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power . . . The plain import of the words seems to be, that in one class of cases its jurisdiction is original and not appellate; in the other it is appellate, and not original." He bases this ruling on Art. III ? 2, which enumerates the cases in which the Supreme Court shall have original jurisdiction. Marshall further maintains that the Constitution is the supreme law of the land. In this contention as well Marshall has constitutional basis in Art. VI, which states, "This

Sample Professional Responsibility Essay - Critical Steps in Writing a Professional Response Essay

Sample Professional Responsibility Essay - Critical Steps in Writing a Professional Response EssayA sample professional responsibility essay must be thoroughly researched and not plagiarized. It is advisable to research on the academic background of the candidate before you write a sample essay. Some samples require factual information to support their argument, while others do not. Let's talk about sample academic information that may be needed.Common examples are used by students, especially if they are the college students studying for a course. Students use this information to support their claims. You may need to read this information about a certain applicant when you are writing the sample essay. This is because the student has done a great job with the detail in this one. The student has gone to the trouble of researching all this and it will help you know how to structure your own example essay. Keep in mind that he or she did not plagiarize the information.In this type of s ample you will also find the basic information about the definition of professional responsibilities. Academic background should also be considered. This will help you know what kind of background to give to the readers in your sample. This is important because in most cases, they do not have the resources to research their own career topics.In this type of sample, you will also find the information about education and its importance in life. The student is given the right to decide about his or her future career and what he or she wants to do in the academic world. They are given the right to decide the educational background to go with and some people also have the choice to choose a specific educational method. This is important to note because if you are going to write the sample for the applicant, it is very important that you use a generic example that may not fit to the applicant's educational background.Sample professional responsibility essays usually are not supposed to co ntain a lot of text. You should avoid using this kind of text in your essay. Text is an important part of the thesis statement of a study paper. It helps students learn about the topic and helps the readers understand the topic better. Avoid using too much text in this type of sample.When it comes to sample academic data, it is best to keep the information short. Try to make the information brief enough so that it can be presented in a meaningful way. But make sure that you do not overload the reader. Just use words that can easily get across the point.Another topic that you should consider when choosing a topic for a sample is the choice of the term that the student's choice to pursue the career. The term that he or she chooses to pursue the career should be based on his or her own personal interest. This will help the student choose a proper topic because they can relate the topic to their own interest.Sample professional responsibilities essays must be brief. You should only ment ion the main points that you want to get across to the reader. Focus on the facts and you should be able to give the reader a clear picture of what the career will mean to the applicant.