The Separation of Power
2004.12.09 3:59

Considering Madison v Marbury conflict, President John Adams appointed Marbury just before finishing his term. But next president Thomas Jefferson didn't like Marbury's nomination. Taking everything into consideration at that time, Marshall had to show the judiciary part's supremacy and independence over other two branches of power-legislative and administrative body.
It occurred to the Chief Justice Marshall to make use of Marbury's suit to be the judiciary's supremacy over whether the legislative body's rulings are unconstitutional or in accordance with the constitution. Marshall was wise enough not to challenge the President Jefferson's power, at the expense of Marbury and other Federalists he could achieve his goal.
Certainly it was him Marshall who had people recognise the supremacy over interpretation of constitution at the time.
It was 1804-the separation of power in the US seems much earlier than I used to see.
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Check out the pre-federal Confederacy sometime(Score:2)
by Marxist Hacker 42 (638312) * <seebert@seeberfamily.org> on 2004.12.10 5:30 (#11045700) (http://www.informationr.us/ Last Journal: 2005.09.24 5:50)
Now THAT was a separation of powers. Nothing like State's rights being so strong that you have 13 different units of currency, and debts not collectable across state borders.The main reason for federalism at all was to give the rich more power to collect debts owed.--Instead of teaching our children the wrong example of genocide, go down in dignity and teach that we are stupid.
Re:Check out the pre-federal Confederacy sometime(Score:1)
by mercedo (822671) on 2004.12.10 21:40 (#11050343) (http://mercedo.blogspot.com/ Last Journal: 2005.09.24 14:16)
Yeah, yeah I do...Thank you for making a comment while still you are sick in bed. I hope you will recover fully soon.
--Ancient Greek Philosophers -18c Enlightenment Thinkers -Slashdotters [ Parent ]
Re:Check out the pre-federal Confederacy sometime(Score:2)
by Marxist Hacker 42 (638312) * <seebert@seeberfamily.org> on 2004.12.11 2:01 (#11052485) (http://www.informationr.us/ Last Journal: 2005.09.24 5:50)
Returned to work Yesterday- though I'm still coughing a bit. Trying to get caught up now.