Case Study: Marbury V. US
On the last of President Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time.
Marbury was an intended recipient of on appointment as justice of the peace. When Marbury found out he would not be receiving the appointment he applied directly to the Supreme Court for a writ of mandamus (”an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court for D.C. (03-475) 542 U.S. 367 (2004) 334 …show more content…
Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)). Marbury has a right to this commission due to it being the last act and sealed by the Secretary of State. The Judiciary department job is to say what law is. In this case they have to interpret whether President Jefferson is breaking a law by not allowing Marbury to assume his duties as the Justice of Peace. The Judiciary department will ensure that two laws do not conflict if it does the court will decide the operations of each law. “If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.” (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d
Marbury was an intended recipient of on appointment as justice of the peace. When Marbury found out he would not be receiving the appointment he applied directly to the Supreme Court for a writ of mandamus (”an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court for D.C. (03-475) 542 U.S. 367 (2004) 334 …show more content…
Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)). Marbury has a right to this commission due to it being the last act and sealed by the Secretary of State. The Judiciary department job is to say what law is. In this case they have to interpret whether President Jefferson is breaking a law by not allowing Marbury to assume his duties as the Justice of Peace. The Judiciary department will ensure that two laws do not conflict if it does the court will decide the operations of each law. “If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.” (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d