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What Are The Implications Of The Marbury Vs Madison Case Brief

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Marbury v Madison The case of Marbury v. Madison will always be considered one of the most important cases ever decide by the Supreme Court. The Court’s ruling has been discussed and examined by many law scholars throughout the world. This essay summarizes the case and explains the implications of it regarding the powers of the Judicial Branch. This case dealt with William Marbury not receiving his commission to be the justice of the peace in the District of Columbia, in 1800. Before the end of his term as president, John Adams appointed many members of his political party to serve in different government position. John Marshall, whom was the Secretary of State under President John Adams, was required to deliver those commissions to the appointed judges, but he failed to deliver the commissions to William Marbury and a few others before leaving office. When the newly elected president, Thomas Jefferson took office in 1801, he informed James Madison, his Secretary of State not …show more content…

First, did Marbury have right to the commission he demands? Second, if so do current laws allow a remedy? Thirdly, if current laws allow remedy, should the court issue a mandamus? (uscourts.gov, 2005) In the opinion written by John Marshall, the court decided in Marbury’s favor on the first two question, but when it came to the court issuing a writ of mandamus; the court found that there was conflict between the Judiciary Act of 1789 and the Constitution and ruled against it. John Marshall wrote, “the theory of every such government must be, that an act of the legislature repugnant to the constitution is void” (Findlaw.com, 2015). This was the first time the court nullified an act of Congress. Ultimately, the ruling by the Supreme Court brought into question the power of judicial review and their future involvement in regards to federal

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