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  • Essay / Supreme Court Case Marbury V. Madison - 1047

    Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict, the courts must decide how each works. The whole affair is quite model, it was very interesting and the result was shocking. The process of this court case was very detailed and Marbury simply wanted to be treated fairly when it came to taking away his position. It wasn't Marbury's fault that the papers were signed, sealed, but not delivered, the rules definitely needed to be changed. (CP83) “Thus, if a law is contrary to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case in accordance with the law, disregarding the constitution, in defiance of the law: the court must determine which of these contradictory rules governs the case. This goes to the very essence of judicial duty. Basically, the court must determine which, from these conflicting guidelines, legislates on this body of evidence. This can be specific in nature for the legal sector.