Marbury v. Madison Essays - 6th United States Congress, Free Essays

Marbury v. Madison Essays - 6th United States Congress, Free Essays Marbury v. Madison Constitutional Law Marbury v. Madison Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. During the early testing period when few precedents existed, there was much debate about fundamental issues concerning what was intended by the words of the Constitution and which part of government should have the final word in defining the meaning of these words. 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. Debate arises because the Constitution is silent on the exact time at which the appointment is considered complete. The Supreme Court ruled that "when a commission has been signed by the president, the appointment is made; and that the commission is complete, when the seal of the United States has been affixed to it by the [secretary of state]." This ruling does not have direct constitutional support, but it is not an unreasonable decision. The second question which Marshall addressed was, "If [Marbury] has a right, and that right has been violated, do the laws of this country afford him a remedy?" The answer is logically yes although there are no specific words in the Constitution to support such an answer. Based on the type of government intended by the Constitution, the government is expected to protect individual liberty. As Marshall says, "[The government] will certainly cease to deserve [to be termed a government of laws, and not of men] if the laws furnish no remedy for the violation of a vested right." However, with this assertion Marshall established the power of the Supreme Court to review actions of the executive branch - a power that does not stem directly from the Constitution. The third and final question which Marshall addressed was whether Marbury "is entitled to the remedy for which he applies." Marshall further divides this question into two parts: the nature of the writ and the power of the Supreme Court. In examining the nature of the writ, Marshall solidifies further the Supreme Court authority over members of the executive branch. Marshall admits that "the officer to whom [the writ] is to be directed, must be one to whom, on legal principles, such writ may be directed . . . " and that the Supreme Court cannot "enquire how the executive, or executive officers, perform duties in which they have discretion." Yet Marshall insists that the Supreme Court can issue a mandamus "[where the head of a department] is directed by law to do a certain act affecting the absolute rights of individuals." This assertion does not have Constitutional basis. The Constitution does not expressly grant the Supreme Court power over either of the other branches of government. Finally Marshall gets to the question based on which he decides the case - the Supreme Court's jurisdiction over this case. For the first time in this case, Marshall uses direct constitutional basis to make his ruling. He argues that, "If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power . . . The plain import of the words seems to be, that in one class of cases its jurisdiction is original and not appellate; in the other it is appellate, and not original." He bases this ruling on Art. III 2, which enumerates the cases in which the Supreme Court shall have original jurisdiction. Marshall further maintains that the Constitution is the supreme law of the land. In this contention as well Marshall has constitutional basis in Art. VI, which states, "This constitution, and

7 Ways Private School Prepares You for College

7 Ways Private School Prepares You for College When students apply to private school, it’s often with the ultimate goal of getting into a top college. But how exactly does private school prepare you for college? 1. Private Schools Offer Exceptional Academics The Association of Boarding Schools (TABS) researched just how prepared students were for college. When asked, students who attended both boarding schools and privates reported that they were more prepared for college both academically and in non-academic areas than those who attended public school. Private school students were also more likely to earn an advanced degree, with boarding school students coming in with the highest percentage of advanced degrees earned. Why is this? One reason is that private schools are designed to help students develop a love of learning, which means that they are more likely to continue their schooling beyond high school and undergraduate college. 2. Private Schools are Rigorous It’s not uncommon to hear a private school graduate come back from their first year at college saying that it was easier than high school. Private schools are rigorous, and demand a lot of students. These high expectations result in students developing strong work ethics and time management skills. Private schools often require that students participate in two or three sports and afterschool activities, while also offering clubs and activities, in addition to their academics. This heavy schedule means time management skills and a schoolwork/life balance are skills that students master before college. 3. Boarding School Students Learn Independence Students who attend boarding school receive an even better preview of college life, more so than students at a day school. Why? Because boarding school students live in dorms on campus, instead of at home with their families, they learn what it’s like to live independently, but in a more supportive environment than you might find at college. Dorm parents at boarding school play an active role in the lives of boarding students lives, providing guidance and encouraging independence as they learn to live on their own. From laundry and room cleanliness to waking up on time and balancing work and social life, boarding school challenges students to make responsible decisions. 4. Private Schools are Diverse Private schools typically offer more diversity than public schools, as these institutions tend to enroll students from not just one town. Boarding schools go even further, welcoming students from all over the world. Like colleges, diverse environments tend to provide rich experiences, as students live and learn with people from all walks of life. These varied perspectives on current events, lifestyles, and even pop culture references can enhance the academic classroom and broaden personal understanding of the world. 5. Private Schools have Highly Qualified Teachers The TABS study also shows that boarding school students are more likely to report having high-quality teachers than private or public schools. At boarding school, teachers are so much more than just classroom teachers. They are often coaches, dorm parents, advisors, and support systems. It’s common for boarding school students to stay in touch with their teachers long after graduation. Private school teachers typically dont just have teaching certificates, in fact, many private schools value experience over a teaching certificate. Private school teachers tend to have advanced degrees in their subject areas, and often have extensive professional backgrounds in their teaching subjects. Imagine learning physics from an actual engineer, or being coached by a former professional player? Private schools strive to hire the best in the business, and the students benefit greatly. 6. Private Schools Provide Personal Attention Most private schools boast small class sizes. At private schools, an average class size is often between 12 and 15 students, whereas the NCES reports that an average classroom ranges from about 17-26 students, depending on grade level and type of class. These smaller class sizes, which sometimes have more than one teacher, especially in kindergarten programs and primary school programs, mean more personal attention for students, no back row, and no chance of getting overlooked in discussions. Private school teachers are also expected to be available outside of normal class times for extra help, especially at boarding schools. This supportive environment  means  students receive even more opportunities for success. 7. Private Schools Help Students Apply to College Another benefit of boarding school, particularly when it comes to preparing for college, is the assistance students, and their parents, receive in the college application process. College Counseling offices work with students and their families to help find the best fit colleges and universities. As juniors, and sometimes even as freshmen or sophomores, students begin to work with qualified college counselors who help guide them through the college application process. From providing help with researching colleges and universities to reviewing financial aid and scholarships, college counselors work to help students find the schools that will help them thrive. With more than 5,000 colleges and universities in the United States, college counseling services can be invaluable to students and their families. Assistance in finding the right college doesnt just mean finding a school that offers a particular major, either. Private schools also help students capitalize on their strengths during the college admission process. College counselors can help students identify schools with targeted sports or art programs, which can be  helpful if scholarships are available. For example, a student who hopes to eventually pursue an MBA may opt for a college with a strong business school. But, that same student may also be a standout soccer player, and so finding a college with both a strong business program and an active soccer program can be a huge help. Boarding school coaches are often involved in helping student athletes get seen by top college recruiters, which could result in an athletic scholarship to play on an athletic team. College is expensive, and every bit of financial aid support can be a huge help in staving off mounds of student loans.

What are the strengths and weaknesses of general equilibrium as an Essay

What are the strengths and weaknesses of general equilibrium as an organising concept - Essay Example Firstly the concept of general equilibrium takes into count the entire economy or the holistic economy to reflect its true nature. In regards to the entire or whole economy the general equilibrium attempts to evaluate the demand, supply, and price parameters. The second proposition upon which the theory of general equilibrium rests concerns the markets operating in an economy. In that the theory of general equilibrium in sharp contrast to partial equilibrium endeavours to understand the equilibrium in relation to large number of interactive markets (Balasko, 2011, p.124). Thus where in case of partial equilibrium the price structure prevailing in the economy is studied in regards to a single market the case for general equilibrium on the contrary evaluates the same in regards to large number of markets. The third proposition held by the general equilibrium theory holds that a uniform group of prices prevail in regards to the large number of interactive markets. The price set evaluate d in regards to the whole economy is considered to be the main factor that generates equilibrium for the general equilibrium model. In the general equilibrium model the prices held are generally held to be long-term ones and thus the realistic price structure is taken to be a deviation from the equilibrium price structure in case of general equilibrium (Starr, 2011, p.3-4). ... In the modern theory pertaining to value the theory takes into account certain important propositions. The first proposition is concerned in regards to differentiation of the products in regards to the different localities to where such products are delivered by the producers or manufacturers. The second proposition holds that different products are differentiated based on the time or periods in which they are distributed to the different localities. In the third case the proposition held is in regards to the different contracts which decide both the time and place of transfer of products from one owner to another. The three propositions can be combined to form the new general equilibrium model propounded by the modern economists (Ginsburgh and Keyzer, 2002, p.3-4). General Equilibrium as a concept propounded by economist Leon Walras thus tends to avoid a chaotic situation in an economy and in contrast helps the economy to form a balancing position. In that Walras tends to find a har mony behind the different economic agents to help the economy attain the required uniformity. The harmony behind the different economic agents can be derived on the basis of a suitable interdependence which would help in blending the different economic factors to one another. Further the general equilibrium model also proceeds in finding out different price sets that would in turn trigger the economy to find a situation of stability for itself (Krauss and Johnson, 2006, p.14). Observation shows that such harmonious or uniform position gets dismantled if the economic agents working in an economy fail to attain the required resources or commodities that would help them to attain or sustain the due stability. Hence optimum level of active resources is required to be