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Constitutional Law Marbury V M
Beginning of Paper
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 a .... Middle of Paper .... the President alone, . . . " (Art. II, ยง 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 ha ....
1136 words | 5 pages
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