Preview

Marbury Vs Madison Case Brief

Good Essays
Open Document
Open Document
529 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Marbury Vs Madison Case Brief
Marbury versus Madison
Taking place in 1803, Marbury v. Madison was the landmark case that set the standard of judicial review into effect. This means that any previous ruling on a case can be used as a precedent and can determine the verdict. The background of this case is all sorts of messy; when John Adams’ term was near its end, William Marbury and a few others were appointed as “justices of peace” for the District of Columbia, however their positions were never official. When Thomas Jefferson came into office, he told James Madison, the Secretary of State at the time, to deny Marshall and the others’ commissions, so Marbury and the others then sued Madison. John Marshall ruled in favor of Marbury however could not deliver his commission because the constitution conflicted with a legislative act known as the Judiciary Act of 1789. This case was significant because it served as the basis for Article III of the Constitution that sets the standards
…show more content…
Thomas Gibbons had frequent dealings between New York and New Jersey, and New York required out-of-state boats to pay a significant fee to be able to sail in the state’s waters, effectively monopolizing the state’s steamboat trade by crippling out-of-state companies and favoring domestic companies, namely by granting a man known as Aaron Ogden exclusive rights to travel between New York and New Jersey without paying fees. Thomas Gibbons then took Aaron Ogden to court and the courts ruled in favor of Gibbons, deciding that the state of New York does not have the right to regulate interstate commerce, and by granting Ogden monopoly rights the state acted outside of its jurisdiction. Furthermore, the supreme court ruled that the right to regulate this type of trade was a right reserved for congress only. This court case is significant due to the fact that it further evened out the balance of power between the state government and the federal

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Gibbon v Ogden decision One of the most important decision of the early Supreme Court. The New York legislature had passed a law giving a monopoly to steamship travel to a group of New York investors. Among the investors given permission in this monopoly was Aaron Ogden. Thomas Gibbon another steamship trader wanted to use New York's water ways to do his business to. Gibbon Gibon believed he should be able to use these waterways because of permission given to him by the federal government. Gibbon was denied the use of the waterways. Because of Gibbon being denied access he decides to sue Ogden and the supreme court decides the verdict. The final verdict was reached on March 2, 1824 and it stated that the supreme court holds all power over interstate…

    • 149 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The plaintiff (or petitioner) was Thomas Gibbons, owner of a rival steamboat company based i Elizabethtown, NJ. Gibbons was represented by one of the most famous lawyers of early America, Daniel Webster. Webster argued on behalf of Gibbons that the federal law was supreme above all state laws. Furthermore, the federal government's laws superseded state laws because of the Constitution's granted to Congress the right to control interstate…

    • 69 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In Gibbons v. Ogden, the Supreme Court held that the word commerce comprehended navigation, and that it had the power to regulate navigation. Secondly, the Supreme Court held that navigation involved the control of navigable waters, and included the power to keep them open and free from obstruction, and to make improvements. Thirdly, the Supreme Court concluded that under the commerce clause Congress had the power to authorize improvements in waters within the limits of a state…

    • 78 Words
    • 1 Page
    Good Essays
  • Better Essays

    The landmark case that opened up the ability for business to operate across state lines was Gibbons v. Ogden. The case started in 1809, when the Legislature of the State of New York granted exclusive navigation privileges of all boats that moved by fire or stream in the waters within the jurisdiction of the state, for twenty years, to Robert R. Livingston and Robert Fulton (Livingston). They wanted a monopoly on a national network of steamboat lines, but were unsuccessful in their pursuit. Only the Orleans Territory awarded them a monopoly on the lower Mississippi (Livingston).…

    • 1646 Words
    • 7 Pages
    Better Essays
  • Good Essays

    What was the case: Marbury was a soon-to-be appointed justice of the peace when Adam’s presidency came to an end, resulting in his successor, Thomas Jefferson denying credibility of the appointments because they were not completed during the time of Adam’s presidency. Jefferson’s Secretary of State, James Madison, was asked to allow the commissions.…

    • 987 Words
    • 4 Pages
    Good Essays
  • Better Essays

    However, he began to gain exposure to business practices and techniques as he ferried passengers and cargo in the Manhattan area. Then when Vanderbilt began to work as business manager under Thomas Gibbons, his first outlook on competitive business enterprise started to become apparent. When the New York Legislature granted Livingston and Fulton the charter of exclusive steamboat navigation between New York and New Jersey, the business of Gibbons and Vanderbilt was threatened. The decision to continue business on these exclusive waters spurred a controversy that became the landmark Supreme Court decision, Gibbons v Ogden. Gibbons and Vanderbilt, who also had a similar appeal to the Supreme Court, both had the attitude that Congress had the right “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;” (Article 1, Section 8, United States Constitution). Because Congress had the control over interstate commerce, they believed that they were justified in competing against the Livingston…

    • 1298 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Case Study: Marbury V. US

    • 368 Words
    • 2 Pages

    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…

    • 368 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Marbury v. Madison:(1803) Judicial review In 1801, Justice William Marbury was to have received a commission from President Adams, but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall stated that the Judiciary Act of 1789, which was the basis for Marbury's claim, conflicted with Article III of the Constitution. Marbury did not receive the commission. This case determined that the Supreme Court and not the states would have the ultimate word on whether an issue was in violation of the Constitution. The ruling, based on judicial review, made the Judicial Branch equal to the other two branches of government.…

    • 2027 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Marbury Vs. Madison Case

    • 629 Words
    • 3 Pages

    The case I briefed was the Marbury vs Madison case. The issue prosecuted was does Marbury have a right to the commission? Does the law grant Marbury a remedy? Does the Supreme Court have the authority to review acts of congress and determine whether they are unconstitutional and therefore void? Can congress expand the scope of the supreme courts original jurisdiction beyond what is specified in article III of the constitution, and lastly does the Supreme Court have original jurisdiction to issue units of mandamus. .…

    • 629 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In 1803, a single case managed to change how America's government would be run forever. In John Adams' last few days as president, he appointed a small group of Federalists into power. When Thomas Jefferson was elected into office, and he told James Madison to not bring the commissions to an appointed “midnight judge” named William Marbury. This gave the newly appointed Chief Justice, John Marshall, a great opportunity to spread his Federalist influence deeper into the American government. When Marbury found out that his commission was being held back by Madison, he sued for its delivery.…

    • 375 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Marbury Vs Madison Case

    • 250 Words
    • 1 Page

    The factors that lead up to the case of Marbury v. Madison are the president that was leaving the office, John Adams, had issued a commission as justice of the peace. What happened was that the new Secretary of State, James Madison, had refused to deliver it. Marbury then sued in order to obtain his commission. The decision that was made by the Supreme Court was that a law that was passed by Congress and signed by the president was declared unconstitutional. There was nothing written in the Constitution that specific power to do that. Chief Justice Marshall believed that the Supreme Court should have an equal role just like the other two branches of government. The future case that was impacted by this case was the Martin…

    • 250 Words
    • 1 Page
    Good Essays
  • Good Essays

    The scope of the Commerce Clause reached the Supreme Court in Gibbons v. Ogden, as various discrepancies involving a power struggle between the federal and state governments emerged. In 1824, a New York state law permitted individuals the exclusive right to operate steamboats…

    • 504 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Written by Chief Justice John Marshall, the majority ruled that while Marbury was entitled to receive his commission and that courts are able to grant remedies, the Supreme Court did not have the right to grant the plaintiff his legal order. The reasoning behind this was that Marbury’s request was based on a law passed by Congress that the Court deemed unconstitutional (Section 13 of the Judiciary Act of 1789). The Court then stated that when the Constitution and the law conflict, it is the Supreme Court’s duty to uphold the law of the land and rule in unity with the Constitution.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Marbury v. Madison (1803) changed the role of the Supreme Court forever. The case started as a conflict of delivering court commissions, but ended as a precedent for the Supreme Court. During the case Marshall ruled that Section 13 of the Judiciary Act of 1789—authorizing the Supreme Court to issue writs to government officials—was unconstitutional. This began the practice declaring laws that…

    • 433 Words
    • 2 Pages
    Good Essays
  • Good Essays

    For example, one of the first major challenges to practice this clause was in 1824, which was the Gibbson vs Ogden case. In this case the State of New York passed a law that allowed Robert Fulton and Robert Livingston a monopoly on steamboat traffic on the Hudson Bay. Fulton and Livingston stopped boats that operated without their support and forced them to get permits. Aaron Ogden had a license from the State of New York to travel from New York City to New Jersey. Ogden then found himself having to compete with Thomas Gibbson who had been granted permission to use this path by the Federal Government.…

    • 481 Words
    • 2 Pages
    Good Essays