Document 1:
Excerpts of Supreme Court Chief Justice John Marshall’s 1803 decision in Marbury v. Madison.
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply... From these, and many other selections which might be made, it is apparent that the framers of the Constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature. Why otherwise does [the Constitution] direct the judges to take an oath to support it? ... It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall he made in pursuance of the Constitution, have that rank. Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument. The rule must be Discharged.
Document 2:
From Thomas Jefferson to Henry Knox, 27 March 1801
DEAR SIR
Washington Mar. 27. 1801.
I am aware that the necessity of a few removals for legal, oppressions, delinquencies and other official malversations, may be misconstrued as done for political opinions, & produce hesitation in the coalition so much to be desired; but the extent of these will be too limited to make permanent impressions. in the class of removals however I do not rank the new appointments which mr Adams crowded in with whip & spur from the 12th. of Dec. when the event of the election was known, (and consequently that he was making appointments, not for himself, but his successor) until 9. aclock of the night, at 12. aclock of which he was to go out of office. this outrage on decency, shall not have it’s affect, except in the life appointments which are irremoveable. but as to the others I consider the nominations as nullities & will not view the persons appointed as even candidates for their office, much less as possessing it by any title meriting respect. I mention these things that the grounds & extent of the removals may be understood, & may not disturb the tendency to union. indeed that union is already effected from N. York Southwardly almost completely. in the N. England states it will be slower than elsewhere from peculiar circumstances better known to yourself than me. but we will go on attending with the utmost sollicitude to their interests, & doing them impartial justice, & I have no doubt they will in time do justice to us. I have opened myself frankly because I wish to be understood by those who mean well, and are disposed to be just towards me, as you are; & because I know you will use it for good purposes only, & for none unfriendly to me.—I leave this place in a few days to make a short excursion home where some domestic arrangements are necessary previous to my final removal here, which will be about the latter end of April. be so

good as to present my respects to mrs Knox, & accept yourself assurances of my high consideration & esteem.
TH: JEFFERSON
Questions:
1. Describe the historical context surrounding these documents
2. Identify and explain the relationship between the events and/or ideas found in these documents
(Cause and Effect, or Similarity/Difference, or Turning Point)
Analyze Document 2 and explain how audience, or purpose, or bias, or point of view affects this document’s use as a reliable source of evidence

Question

yanaivasiuk23 yanaivasiuk23

14-12-2022
History

Answered

Document 1:
Excerpts of Supreme Court Chief Justice John Marshall’s 1803 decision in Marbury v. Madison.
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply... From these, and many other selections which might be made, it is apparent that the framers of the Constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature. Why otherwise does [the Constitution] direct the judges to take an oath to support it? ... It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall he made in pursuance of the Constitution, have that rank. Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument. The rule must be Discharged.
Document 2:
From Thomas Jefferson to Henry Knox, 27 March 1801
DEAR SIR
Washington Mar. 27. 1801.
I am aware that the necessity of a few removals for legal, oppressions, delinquencies and other official malversations, may be misconstrued as done for political opinions, & produce hesitation in the coalition so much to be desired; but the extent of these will be too limited to make permanent impressions. in the class of removals however I do not rank the new appointments which mr Adams crowded in with whip & spur from the 12th. of Dec. when the event of the election was known, (and consequently that he was making appointments, not for himself, but his successor) until 9. aclock of the night, at 12. aclock of which he was to go out of office. this outrage on decency, shall not have it’s affect, except in the life appointments which are irremoveable. but as to the others I consider the nominations as nullities & will not view the persons appointed as even candidates for their office, much less as possessing it by any title meriting respect. I mention these things that the grounds & extent of the removals may be understood, & may not disturb the tendency to union. indeed that union is already effected from N. York Southwardly almost completely. in the N. England states it will be slower than elsewhere from peculiar circumstances better known to yourself than me. but we will go on attending with the utmost sollicitude to their interests, & doing them impartial justice, & I have no doubt they will in time do justice to us. I have opened myself frankly because I wish to be understood by those who mean well, and are disposed to be just towards me, as you are; & because I know you will use it for good purposes only, & for none unfriendly to me.—I leave this place in a few days to make a short excursion home where some domestic arrangements are necessary previous to my final removal here, which will be about the latter end of April. be so

good as to present my respects to mrs Knox, & accept yourself assurances of my high consideration & esteem.
TH: JEFFERSON
Questions:
1. Describe the historical context surrounding these documents
2. Identify and explain the relationship between the events and/or ideas found in these documents
(Cause and Effect, or Similarity/Difference, or Turning Point)
Analyze Document 2 and explain how audience, or purpose, or bias, or point of view affects this document’s use as a reliable source of evidence

Answer :

Other Questions