Top-Rated Free Essay
Preview

Marbury v. Madison

Better Essays
1386 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Marbury v. Madison
�PAGE �

Marbury v. Madison

Introduction

The case "Marbury v. Madison began on March, 1801, when a Proponent, William Marbury, was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme

Court.

Discussion

In a the year of 1803 a watershed case, Marbury v. Madison, John Marshal Chief Justice's opinion founded the Supreme Court's power to declare acts of United States Congress, and by significance acts of the president, unconstitutional if they surpassed the authorities allowed by the Establishment or Constitution. But most significant thing was that the Court became the judge of the Constitution, the final authority on what the document meant. Intrinsically, the Supreme Court became as a matter of fact also as in theory an equal partner in authorities, and it has acted that role always later on (Erskine P.88-109).

William Marbury petitioned to U.S Supreme Court this caused the case. President John Adams appointed William Marbury in the District of Columbia as a Justice of peace. But afterward the commission was undelivered to him. When there was no delivery of commission then William Marbury submitted petitioned to force James Madison the secretary of state to deliver the documents, but the mater of turning was that Chief Justice of that time John Marshall refused the petition of Marbury. Justify his refused by claiming that the part of status on which he supported his claim was unconstitutional, Judiciary act of 1789 (Coxe, P.302-335).

Mile-Stone of case

Marbury v. Madison was the landmark decision assisted define the "checks and balances" of the American political system. It was the first time in the history of U.S Supreme Court that court declared something "unconstitutional," and founded the conception of judicial review in the U.S. Judicial review means that court may supervise or declare void the practice of any government branch toward other one.

In the year of 1800 the presidential election conducted, John Adams was defeated by Thomas then Thomas Jefferson became the very first U.S President. But Jefferson didn't joined office because the till 4 March, 1801, therefore until that time federalist and Adams were in power. At that time there was a Judiciary act of 1801 was passed by the congress. The Judiciary act of 1801 was formed by the modification the Act of 1789. Adman just before the end of his presidency committed an attempt against the future administration and democratic republic, Adman appointed forty two justices of peace offices and sixteen federal circuit judges the judiciary act of 1801. These appointments were ill famed all of these located in the Alexander and Washington area (Coxe, P.302-335).

Among these Federal peace judges one of them was Marbury; William Maryland was a financier and Maryland. There were two things which made Maryland nearer to Adams presidency that was his support and Mary land policies. William Marbury had been charged to the status of justice of the peace in the Columbia District. There was a five year term for a justice of the peace

The appointments were approved altogether by Senate on the following day. But still for the purpose to do to effect commissions had to be delivered. As soon the new president Thomas Jefferson charged the presidency order the acting Secretary of State James Madison, administrator's attorney General Levi Lincoln prohibited to delivering the appointments which were remaining. In Jefferson's opinion, it was void in case of the untimely (Randolph, P. 11-19).

There was a thing which should be noted that some of the commissions remained to delivered. This indicated that it was not possible to deliver all commissions before the expiry of the Adams's presidency period. It was a fact that all of these appointments were fall in the nature of routine. After the Adam's presidency Democratic-Republican congress reversed the previous by judiciary Act of 1802, therefore the branch of judicial again as the Act of 1789 dictated of the original Judiciary there was additional two annual sessions with one session.

The issue in Marbury v. Madison was that there are only 3 manners a case can be heard in the Supreme Court: firstly registering in the supreme court secondly registering in lower federal court for instance district court and the last way registering in a state court and appealing from highest court of the state, then attacking on supreme court on an problem of federal law the foremost one is the practice of court's original jurisdiction, afterward of it both are practices of the appellate jurisdiction of Supreme Court.

Since the purpose of Marbury registered his petition for the mandamus instantly in the Supreme Court, the Court required being able to practice original legal power over the case in order that have the ability to hear it (Randolph, P. 11-19).

The argument of Marbury was that in the Judiciary Act of 1789, United States Congress allowed the Supreme Court of the United States original legal power over requests for mandamuses. This argument from the side of William Marbury arose various issues that had to address by Supreme Court of the United States. These issues were following

Firstly there was a question arose that Did a "floor" created by the constitution's Article III, original legal power, which United States Congress can increase, or does it create an exhaustive list that Congress can't modify at all? Secondly the question arose that if Article III's original legal power was a thoroughgoing list, but United States Congress tried to alter it in any case, who succeeds that battle, the Constitution or United States Congress? In the last but most especially, who is so-called to determine who succeeded? (Nelson, P.101-135)

In its respond to such the last question, the United States Supreme Court validates the impression of judicial review. Concisely, the issue regarding constitution upon which Marbury v. Madison was determined was whether United States Congress could flourish the original legal power of the Supreme Court (Tushnet, P.185-205).

There was a complete decision by the court on by the court on February 24, 1803 the decision was made by all of four without any unmatched decision means out of four judges all made the same 4-0, all judges declared that Williams Marbury had the privilege for the delivered of commission but the supreme court had no authority to push Madison for the purpose to deliver the commission to Williams Marbury or some one else. John Marshall the chief justice wrote the legal document stating the reasons for a judicial decision of the court; the case was presented as arousing three different questions by the Chief justice John Marshall (Nelson, P.101-135). First question was whether Williams Marbury had a right to the commission? Secondly either the practices of states law gave Marbury a legal means to recover a right. Thirdly whether demanding the Supreme Court for a mandamus the correct legal means to recover a right? John Marshall the Chief justice quickly replied the starting both questions in the form of positive. John Marshall discovered that the un-success to deliver the commission was "offend against of a vested legal right" (Tushnet, P.185-205).

Conclusion

The justices enforced, by the forceful arguments of chief justice John Marshall's, that on the final issue the U.S. Constitution was "the central and predominant law of the state" and that "an behave of the law-makers disgusting to the U.S. Constitution is invalidate." Put differently, when the nation's highest law - Constitution battles with an work or act of the law-makers, that work or act is void. This case creates the Supreme Court's authority of judicial review.



Work cited

Nelson, William Edward; 2008; "Marbury v. Madison: the origins and legacy of judicial review"; University Press of Kansas; ISBN 0700610618, 9780700610617 P.101-135

Coxe, Brinton; 2005; "An essay on judicial power and unconstitutional legislation: being a commentary on parts of the Constitution of the United States"

The Law book Exchange, Ltd; ISBN1584775343, 9781584775348; P.302-335

Tushnet, Mark; 2005; "Arguing Marbury versus Madison"; Stanford University Press, ISBN0804752273, 9780804752275; P.185-205

Naden, Corinne; Blue; Rose; 2004; "Marbury V. Madison: The Court's Foundation Supreme Court milestones" Marshall Cavendish; ISBN0761418407, 9780761418405 P.90-120

Randolph, Ryan; 2003; "Marbury V. Madison: The New Supreme Court Gets More Power Life in the new American nation" The Rosen Publishing Group; ISBN0823940349, 9780823940349 P. 11-19

You May Also Find These Documents Helpful

  • Good Essays

    The Marbury Vs. Madison case is important because it was the first United States Supreme Court case to apply the judicial review principle. This case was between a man named William Marbury and James Madison, when James Madison refused to deliver Marbury's commission, Marbury made a petition, which would bring forth delivery of the commissions. Marbury’s petition was denied and proven not…

    • 656 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Supreme Court Major Cases

    • 4278 Words
    • 18 Pages

    In the case of Marbury v Madison, the actual suit was William Marbury applying to the Supreme Court of the United States to compel James Madison, Jefferson’s Secretary of State, to deliver the commissions.…

    • 4278 Words
    • 18 Pages
    Better Essays
  • Good Essays

    John Marshall strengthened the power of the federal government by expanding the power of the federal judiciary. Becoming Supreme Court Justice in 1801, John Marshall defined the judicial branch as a power in the US government for the first time. Before this point in time the judicial branch was weak and served little purpose. The Supreme Court had little power to check and balance the legislative and executive branches as intended. Marshall’s rulings on controversial cases like Marbury v. Madison (1803), Fletcher v. Peck (1809), and McCulloch v. Maryland (1819) laid the foundation for what we know today as a powerful judicial branch.…

    • 433 Words
    • 2 Pages
    Good Essays
  • Good Essays

    1. John Marshall means in his statement that the constitution does not allow the judiciary branch to rule in such a way that Marbury would like. Although Marbury did lose his job, the context in which he earned his job was unconstitutional. Marshall's statement is referring to the inability of the judiciary branch to compensate Marbury for a job which was given in an unconstitutional way.…

    • 828 Words
    • 4 Pages
    Good Essays
  • Good Essays

    5. Marbury v. Madison: In this 1803 case, Chief Justice John Marshall ruled that the Judiciary Act of 1789 was unconstitutional because Congress had overstepped its bounds in granting the Supreme Court the power to issue a writ of mandamus (an ultimatum from the court) to any officer of the United States. This ruling established the principle of judicial review. Marbury's pay was cut.…

    • 592 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Dred Scott vs Sanford was a very important political case and was one of the first case towards equal rights for everybody. Dred Scott was a slave from Missouri and he sued the state of Missouri for his freedom. In this time Missouri was a free state and therefore he stated that he could be free from slavery. Although he was free, the state of Missouri considered him property and could not be taken away from his owner. Not to mention Minorities in this time we're not considered citizens and couldn't have freedom if they were a slave.…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The case of Marbury v. Madison (1803) has been described as "epochal", and for good reason. The case of Marbury v. Madison established the Supreme Court's power of judicial review. Judicial review is the ability of the Supreme Court to "review a law or an official act of government employee or agent for constitutionality or for the violation of basic principles of justice." This case directly shaped the future of the American public in a positive way: by making decisions that are lawfully correct and in the best interest of the public. This also had some short-term and long-term ramifications, including the decision that declared the legality of the Louisiana Purchase, the single act that doubled the size of the United States and laid the foundation for a future superpower.…

    • 762 Words
    • 3 Pages
    Good Essays
  • Good Essays

    His most significant early case was the famous Marbury v. Madison in 1803, which established the right of the court to declare the actions of local, state or federal governments invalid if they violate the Constitution. This process of declaring actions void was called Judicial Review and it made the Court equally as powerful as the legislative and executive branches of government.…

    • 571 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Marshall’s ruling for Marbury v Madison was one of the most controversial decisions to ever be handed down from the Supreme Court. The landmark decision ultimately made the Judicial branch the most powerful branch because of the judicial review. With judicial review the Supreme Court has the ability to interpret the Constitution or any law any way that the court sees fit accordance to the law. Marshall’s ruling was clear and concise. Marbury did have the right to his appoint under law. Marbury had the right to seek a remedy because he deemed himself injured but the Supreme Court could not issue the writ because it was not of original jurisdiction. If Marbury was to have went through a lower level court, the court would have issued the writ and taken his appointment as the chief justice of…

    • 687 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Nfib vs. Sebelius

    • 888 Words
    • 4 Pages

    When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of government. As Hamilton pointed out in Federalist 78, the judicial branch “will always be the least dangerous to the political rights of the Constitution” because it “has no influence over the either the sword or the purse, no direction of either the strength or the wealth of society, and can take no action whatsoever.” He says the Court does not have “FORCE nor WILL, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments” (Fed. 78). The Court has the authority to say whether a law is constitutional, and Marshall gives himself that final authority without addressing enforcement, because the power to enforce belongs to the executive. The Court simply writes the opinion.…

    • 888 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Marbury V. Madison

    • 899 Words
    • 4 Pages

    As the government was newly establishing its stronghold on the nation a struggle to preserve the foundations of American society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury v. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as "Supreme law" of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well as firmly grounding the role of the Judicial Branch.…

    • 899 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    One of Chief Justice John Marshall's first decisions was in the case Marbury v. Madison. "Near the end of President Adams first administration Congress authorized the President to appoint justices of the peace for the District of Columbia. This was the occasion of the midnight appointments and the failure of Adam's Secretary of State to deliver commissions of appointment. A new administration took office and Secretary of State Madison, directed by President Jefferson, refused delivery. Thereupon Marbury, one of the midnight appointees, went to the Supreme Court requesting a judicial order, writ of mandamus, to compel Madison to deliver his commission. Article III. Section 2, of the Constitution gives the Supreme Court original jurisdiction…

    • 1488 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review in the U.S. The landmark decision helped define the "checks and balances" of the American form of government. It certainly strengthened the power of the Supreme Court and the judicial branch by giving them the power of judicial review, which allows the Supreme Court to decide what is and isn't constitutional.…

    • 513 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Supreme Court Decisions

    • 937 Words
    • 4 Pages

    There were many factors that led to Marbury v. Madison evolving into the case that it did. One might consider Thomas Jefferson’s election in 1800 to be the starter. Jefferson was an advocate of a weak national government, as opposed to the federalists who had been in control before 1800. So while John Adams was on his way out of the presidency, he and the federalists appointed more judges to newly created federal courts. So Jefferson went after these federal courts, ordering James Madison to not deliver the paper that would officially give Marbury his position as judge for one of these courts. So Marbury took this to court. Chief Justice John Marshall gave a remarkable ruling because he assumed a new power for the judiciary. He was able to avoid deciding on the issue directly. He said that while Marbury should have been given his appointment papers, the law granting the power to the Supreme Court to order Madison to deliver the papers was itself unconstitutional. This started the thought of judicial review. This was the part of the decision that proved the most influential on American history. Marshal greatly strengthened the Supreme Court giving the judicial branch its foundations as an equal part in the system of checks and balances. Although the Supreme Court rarely declares a law unconstitutional, judicial review remains its greatest weapon to counteract the executive and legislative branches.…

    • 937 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Apush Chapter 11 Outline

    • 2586 Words
    • 11 Pages

    * Marbury vs. Madison established judicial review; the right of the Supreme Court to declare legislation unconstitutional.…

    • 2586 Words
    • 11 Pages
    Better Essays