Capitol Marburg

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Capitol Marburg

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Capitol Marburg

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Hessen was one of the more powerful second-tier principalities in Germany. Its "old enemy" was the Archbishopric of Mainz , one of the prince-electors , who competed with Hessen in many wars and conflicts for coveted territory, stretching over several centuries.

After , Marburg became just another provincial town, known mostly for the University of Marburg. It became a virtual backwater for two centuries after the Thirty Years' War —48 , when it was fought over by Hessen-Darmstadt and Hesse-Kassel.

The Hessian territory around Marburg lost more than two-thirds of its population, which was more than in any later wars including World War I and World War II combined.

Marburg is the seat of the oldest Protestant -founded university in the world, the University of Marburg Philipps-Universität-Marburg , founded in Owing to its neglect during the entire eighteenth century, Marburg — like Rye or Chartres — survived as a relatively intact Gothic town, simply because there was no money spent on any new architecture or expansion.

When Romanticism became the dominant cultural and artistic paradigm in Germany, Marburg became interesting once again, and many of the leaders of the movement lived, taught, or studied in Marburg.

They formed a circle of friends that was of great importance, especially in literature , philology , folklore , and law. The group included Friedrich Karl von Savigny , the most important jurist of his day and father of the Roman Law adaptation in Germany; the poets, writers, and social activists Achim von Arnim , Clemens Brentano , and especially the latter's sister and the former's later wife, Bettina von Arnim.

Most famous internationally, however, were the Brothers Grimm , who collected many of their fairy tales here. The original building inspiring his drawing Rapunzel 's Tower stands in Amönau near Marburg.

Across the Lahn hills, in the area called Schwalm, the costumes of little girls included a red hood. Prussia won and took the opportunity to invade and annex the Electorate of Hessen as well as Hanover , the city of Frankfurt , and other territories north of the Main River.

However, the pro-Austrian Hesse-Darmstadt remained independent. For Marburg, this turn of events was very positive, because Prussia decided to make Marburg its main administrative centre in this part of the new province Hessen-Nassau and to turn the University of Marburg into the regional academic centre.

Thus, Marburg's rise as an administrative and university city began. As the Prussian university system was one of the best in the world at the time, Marburg attracted many respected scholars.

However, there was hardly any industry to speak of, so students, professors, and civil servants — who generally had enough but not much money and paid very little in taxes — dominated the town, which tended to be very conservative.

Franz von Papen , vice-chancellor of Germany in , delivered an anti-Nazi speech at the University of Marburg on 17 June.

From to , the whole city of Marburg was turned into a hospital with schools and government buildings turned into wards to augment the existing hospitals.

By the spring of , there were over 20, patients — mostly wounded German soldiers. As a result of its being designated a hospital city, there was not much damage from bombings except along the railroad tracks.

He is also an honorary citizen of the town. As a larger mid-sized city, Marburg, like six other such cities in Hessen, has a special status as compared to the other municipalities in the district.

This means that the city takes on tasks more usually performed by the district so that in many ways it is comparable to an urban district kreisfreie Stadt.

His deputy, the head of the building and youth departments, Dr. The majority in the seat city parliament is held by a coalition of SPD 22 seats and Green 13 seats members.

Among the left wing groups are ATTAC , the Worldshop movement, an autonomist - anarchist scene, and a few groups engaged in ecological or human-rights concerns.

The city of Marburg, similar to the cities of Heidelberg , Tübingen and Göttingen , has a rich history of student fraternities or Verbindungen of various sorts, including Corps, Landsmannschaften, Burschenschaften, Turnierschaften, etc.

Marburg is twinned with: [2]. Marburg's coat of arms shows a Hessian landgrave riding a white horse with a flag and a shield on a red background.

The shield shows the red-and-white-striped Hessian lion, also to be seen on Hessen's state arms, and the flag shows a stylized M, blue on gold or yellow.

The arms are also the source of the city flag's colors. The flag has three horizontal stripes colored, from top to bottom, red from the background , white from the horse and blue from the shield.

The coat of arms, which was designed in the late nineteenth century, is based on a landgrave seal on a municipal document. It is an example of a very prevalent practice of replacing forgotten coats of arms, or ones deemed not to be representative enough, with motifs taken from seals.

The city's name is connected to a filovirus , the Marburg virus , because this disease , a viral hemorrhagic fever resembling ebola , was first recognized and described during an outbreak in the city.

In , workers were accidentally exposed to infected green monkey tissue at the city's former industrial plant, the Behring-Werke, then part of Hoechst and today of CSL Behring , founded by Marburg citizen and first Nobel Prize in Medicine winner, Emil Adolf von Behring.

During the outbreak, 31 people became infected and seven of them died. The virus is named after the city following the custom of naming viruses after the location of their first recorded outbreak.

Many homes have solar panels and in a law was passed to make the installation of solar systems on new buildings or as part of renovation projects mandatory.

The new law, approved on 20 June , should have taken effect in October , [3] however, this law was stopped by the Regierungspräsidium Giessen in September Marburg remains a relatively unspoilt, spire-dominated, castle-crowned Gothic or Renaissance city on a hill partly because it was isolated between and Architecturally, it is famous both for its castle Marburger Schloss and its medieval churches.

The Elisabethkirche , as one of the two or three first purely Gothic churches north of the Alps outside France, is an archetype of Gothic architecture in Germany.

Much of the physical attractiveness of Marburg is due to Hanno Drechsler who was Lord Mayor between and He promoted urban renewal, the restoration of the Oberstadt uptown , and he established one of the first pedestrian zones in Germany.

Marburg's Altstadtsanierung since has received many awards and prizes. Parks in the town include the Old Botanical Garden , as well as the new Botanical Garden outside the town proper.

The Marktplatz is the heart of Marburg's old town. In the center is a fountain dedicated to St. Georg, a popular meeting place for the youths.

To the south is the old town hall and the path leading north winds its way up to the palace overlooking the town. The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury.

Marshall then confirmed that a writ of mandamus —a type of court order that commands a government official to perform an act he or she is legally required to perform—was the proper remedy for Marbury's situation.

This brought Marshall to the third question: whether the Supreme Court had proper jurisdiction over the case, which would determine whether or not the Court had the power to issue the writ Marbury requested.

Congress had passed this Act to establish the American federal court system, since the U. Constitution itself only mandates a Supreme Court and leaves the rest of the U.

The Supreme Court shall have [original] jurisdiction over all cases of a civil nature where a state is a party, And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, And the trial of issues in fact The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue As Marshall explains in the opinion, under original jurisdiction , a court has the power to be the first to hear and decide a case; under appellate jurisdiction , a court has the power to hear a party's appeal from a lower court's decision and to "revise and correct" the previous decision.

The section itself does not make clear whether the mandamus clause was intended to be read as part of the appellate sentence or on its own—in the opinion, Marshall quoted only the end of the section [28] —and the law's wording can plausibly be read either way.

Constitution , which establishes the judicial branch of the U. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This section of the Constitution says that the Supreme Court only has original jurisdiction over cases where a U. State is a party to a lawsuit or where a lawsuit involves foreign dignitaries.

Neither of these categories covered Marbury's lawsuit, which was a dispute over a writ of mandamus for his justice of the peace commission. And so according to the Constitution, the Court could only have heard Marbury's case while exercising appellate jurisdiction over an appeal, not under original jurisdiction over a lawsuit directly filed with it, as Marbury had done.

But per Marshall's earlier interpretation, Section 13 of the Judiciary Act said that the Supreme Court did have original jurisdiction over mandamus cases like Marbury's.

This meant that the Judiciary Act apparently took the initial scope of the Supreme Court's original jurisdiction, as specified in the Constitution, and expanded it to include cases involving writs of mandamus.

Marshall ruled that Congress cannot increase the Supreme Court's original jurisdiction as it was set down in the Constitution, and therefore that the relevant portion of Section 13 of the Judiciary Act violated Article III of the Constitution.

After ruling that it conflicted with the Constitution, Marshall struck down the relevant portion of the Judiciary Act in the U. Supreme Court's first ever declaration of the power of judicial review.

The U. Constitution does not explicitly give the American judiciary the power of judicial review.

First, Marshall reasoned that the written nature of the Constitution inherently established judicial review.

Next, Marshall declared that deciding the constitutionality of the laws it applies is an inherent part of the American judiciary's role.

Marshall reasoned that the Constitution places limits on the American government's powers, and that those limits would be meaningless unless they were subject to judicial review and enforcement.

If two laws conflict with each other, the courts must decide on the operation of each. If then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, [then] the constitution, and not such ordinary act, must govern the case to which they both apply.

Third, Marshall stated that denying the supremacy of the Constitution over Congress's acts would mean that "courts must close their eyes on the constitution, and see only the law.

This doctrine It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits.

Marshall then gave several other reasons in favor of judicial review. He argued that the authorization in Article III of the Constitution that the Court can decide cases arising "under this Constitution" implied that the Court had the power to strike down laws conflicting with the Constitution.

He also argued that federal judges' oaths of office—in which they swear to discharge their duties impartially and "agreeably to the Constitution and laws of the United States"—requires them to support the Constitution.

Constitution , since it declares the supreme law of the United States to be not the Constitution and the laws of the United States in general, but rather the Constitution and laws made "in Pursuance thereof".

Having given his list of reasons, Marshall concluded the Court's opinion by reaffirming the Court's ruling of the jurisdiction law's invalidity and, therefore, the Court's inability to issue Marbury's writ of mandamus.

Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.

The rule must be discharged. Besides its inherent legal questions, the case of Marbury v. Madison also created a difficult political dilemma for Marshall and the Supreme Court itself.

Marshall avoided both problems and solved the dilemma. First, he ruled that Madison's withholding of Marbury's commission was illegal, which pleased the Federalists.

But in the end he said the Court could not give Marbury his requested writ of mandamus, which gave Jefferson and the Democratic-Republicans the result they desired.

But he did so in a way that simultaneously maneuvered Marbury's simple petition for a writ of mandamus into a case that presented a question that went to the heart of American constitutional law itself, in what the American legal scholar Laurence Tribe described as "an oft-told tale McCloskey wrote:.

Madison ] is a masterwork of indirection, a brilliant example of Marshall's capacity to sidestep danger while seeming to court it. The danger of a head-on clash with the Jeffersonians was averted by the denial of jurisdiction: but, at the same time, the declaration that the commission was illegally withheld scotched any impression that the Court condoned the administration's behavior.

These negative maneuvers were artful achievements in their own right. But the touch of genius is evident when Marshall, not content with having rescued a bad situation, seizes the occasion to set forth the doctrine of judicial review.

It is easy for us to see in retrospect that the occasion was golden, Marshall had been looking for a case that was suitable for introducing judicial review, and was eager to use the situation in Marbury to establish his claim.

Given its preeminent position in American constitutional law, Marshall's opinion in Marbury v. Madison continues to be the subject of critical analysis and historical inquiry.

Supreme Court Justice Felix Frankfurter emphasized that one can criticize Marshall's opinion in Marbury without demeaning it: "The courage of Marbury v.

Madison is not minimized by suggesting that its reasoning is not impeccable and its conclusion, however wise, not inevitable. Criticisms of Marshall's opinion in Marbury usually fall into two general categories.

Supreme Court has constitutional authority over the other branches of the U. Today, American courts generally follow the principle of "constitutional avoidance": if a certain interpretation of a law raises constitutional problems, they prefer to use alternative interpretations that avoid these problems, so long as the alternative interpretations are still plausible.

Second, Marshall's arguments for the Court's authority are sometimes said to be mere "series of assertions", rather than substantive reasons logically laid out to support his position.

Constitution and the actions of the other branches of government do not "inexorably lead to the conclusion that Marshall draws from them.

Additionally, it is questionable whether Marshall should have participated in the Marbury case because of his participating role in the dispute.

Madison remains the single most important decision in American constitutional law. Although the Court's opinion in Marbury established judicial review in American federal law, it did not create or invent it.

Some 18th-century British jurists had argued that British courts had the power to circumscribe Parliament , and the principle became generally accepted in Colonial America—especially in Marshall's native Virginia —due to the idea that in America only the people were sovereign, rather than the government, and therefore that the courts should only implement legitimate laws.

It made the practice more routine, rather than exceptional, and prepared the way for the Court's opinion in the case McCulloch v. Maryland , in which Marshall implied that the Supreme Court was the supreme interpreter of the U.

Marbury also established that the power of judicial review covers actions by the executive branch —the President, his cabinet members, and the departments and agencies they head.

Nixon , in which the Court held that President Richard Nixon had to comply with a subpoena to provide tapes of his conversations for use in a criminal trial related to the Watergate scandal , and which ultimately led to Nixon's resignation.

Although it is a potent check on the other branches of the U. After deciding Marbury in , the Supreme Court did not strike down another federal law until , when the Court struck down the Missouri Compromise in its now-infamous decision Dred Scott v.

Sandford , a ruling that contributed to the outbreak of the American Civil War. From Wikipedia, the free encyclopedia. United States Supreme Court case establishing the principle of judicial review United States Supreme Court case.

LEXIS President John Adams , who appointed Marbury just before his presidential term ended. Thomas Jefferson , who succeeded Adams and believed Marbury's undelivered commission was void.

William Marbury , whose commission Madison refused to deliver.

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