Madbury vs. Madison Essay Example

Madbury vs. Madison Essay Example Madbury vs. Madison Essay Madbury vs. Madison Essay President Adams appointed William Marbury to the position of justice of the peace in 1801. However, Marbury failed to receive his commission before the end of the Adams Administration. The new Jefferson administration had ordered the secretary of state (James Madison) not to deliver Marburys commission. By the Judiciary Act of 1789, Marbury sued Madison in the Supreme Court seeking a writ of mandamus forcing Madison to deliver Marburys commission.Issues: 1) Whether Marbury has a right to his commission. 2) Whether the law supplies a way to realize this right. 3) Whether the Supreme Court can lawfully issue a writ of mandamus to Madison. Reasoning: (Marshal) 1) Marbury does have legal right to his commission because it was issued by the President and sealed by the Secretary of State. This is confirmed by the act of 1801 when Marburys position in office was created and confirmed by the senate. ) Once Marbury was appointed to office, the position was signed and sealed, thus completing the appointment process. Denial of commission then becomes a violation of the law. It is not in the Presidents discretionary power to deny this commission. Thus, a remedy may be realized in the form of a writ of mandamus. 3) Issuing a writ of mandamus would be in conflict with original and appellate jurisdiction. The writ of mandamus demands an original action by a court of law, forcing an officer of the government to perform some specific duty.However, Article III section 2 of the Constitution limits the Supreme Courts jurisdiction to cases concerning foreign ambassadors, other public ministers, and consuls, and to cases in which the state is a party. Neither Marbary nor Madison are a party to any of those categories. Significance: This case is significant because it is the first example of the Supreme Court exercising judicial review to deem a provision of federal law as being invalid.This decision set into place the doctrine of judicial review. This gives the Supreme Court the authority to declare statutes unconstitutional. Thus, legislature can not pass laws contradictory to the constitution. Because it is the Supreme Courts role to interpret laws and resolve conflicts between them, the Supreme Court must have the power to interpret the Constitution and decide if a law passed conflicts with it. Marshall exercised a great deal of constitutional logic when exercising the judicial review.

A Look at Feminist Utopia and Dystopia Literature

A Look at Feminist Utopia and Dystopia Literature Feminist Utopia Feminist utopia is a type of social science fiction. Usually, a feminist utopia novel envisions a world in stark contrast to patriarchal society. Feminist utopia imagines a society without gender oppression, envisioning a future or an alternate reality where men and women are not stuck in traditional roles of inequality. These novels are often set in worlds where men are entirely absent. Feminist Dystopia Often, a feminist science fiction novel is more of a dystopia. Dystopic science fiction imagines a world gone terribly wrong, exploring the most extreme possible consequences of current society’s problems. In a feminist dystopia, the inequality of society or oppression of women is exaggerated or intensified to highlight the need for change in contemporary society. Explosion of a Subgenre There was a great increase in feminist utopian literature during the second-wave feminism of the 1960s, 1970s and 1980s. Feminist science fiction is often seen as more concerned with societal roles and power dynamics than the technological advances and space travel of â€Å"typical† science fiction. Examples Early feminist utopias: City of Ladies by Christine de Pizan  Herland by Charlotte Perkins Gilman Contemporary feminist utopia novels: Works by Marge PiercyThe Wanderground by Sally Miller Gearhart Feminist dystopia novels: Walk to the End of the World by Suzy McKee CharnasThe Handmaid’s Tale by Margaret Atwood There are also many books, such as Joanna Russ’ The Female Man, that explore both utopia and dystopia.