Marbury Court Perfectionism

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My primary claim is:
According to Sunstein’s classification system and Lockard’s edited version of the Marbury v Madison case, the Marbury Court was primarily fundamentalist.

At the moment I do not feel very happy or confident about my essay. I feel that because my thesis is not as strong as I would like it to be, the rest of my essay has also followed suit. I am still having trouble figuring my third story thesis and I think that a big part of the problem.

If I had a few more days to work on my essay I would definitely try to solidify my thesis first. Additionally, I would go back and make my analysis more nuanced and clearer. I feel as though because my claims are not very strong, my analysis in each paragraph was pretty unclear and even …show more content…
According Sunstein, perfectionists are those believe that while the strict interpretations of the constitution are essential, the constitution should also be interpreted in a way that improve the general welfare of society. Prior to the Marbury v Madison, Congress had passed various laws such as the Judiciary Act of 1789 that had not been scrutinized or verified for constitutionality. The contradictions between the laws of legislatures and the laws of the constitution was the primary reason that William Marbury could not issue a mandamus from the Supreme Court. In response to the discrepancies between laws Chief Justice John Marshall wrote, “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 court must decide on the operation of each”(Lockard 13). In other words, the principal job of the judicial branch is to determine which laws are actually constitutional. Under those circumstances, the court has the power to decide the “operation of each” law that conflict another. This may seem to be a perfectionist tendency because the Marbury Court decided that they could …show more content…
Though in hindsight fundamentalism along with the other judicial ideologies seem to be simply the personal beliefs of individual judges, it is much more than that. These judicial ideologies lead the Supreme Court to make decisions that change the course of American history. The rights of American are dependent on the constitutionality of laws and therefore in order to uphold the equality, liberty, and justice that America claims to stand for, it is important to consider which ideologies if any promote a more just and progressive America. [Conclusion feels choppy to
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