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Essay Details:
Essay text:
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...
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