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Analysis Of The Supreme Court Case: Marbury V. Madison

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Marbury vs. Madison John Marshall was the Supreme Court Judge that presided over the Marbury vs. Madison case. This case is important because it established the doctrine of judicial review. The Marbury vs. Marshall Supreme Court case began with John Adams who at the time was the President of the United States. James Madison was the Secretary of State and he was responsible for delivering commissions. John Adams made an attempt to appoint William Marbury to Justice of Peace, but did not accomplish his goal because James Madison did not deliver the commission before John Adam's term was over. In order for an official to be appointed to Justice of Peace, they must be appointed before the end of a the current President's term. William Marbury …show more content…

A mandamus is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. Basically, the first two questions went along with the fact that William Marbury's right was violated, however, it is not a mandamus. The Supreme Court did not have original jurisdiction over the Marbury vs. Marshall case. William Marbury had to take the proper legal action with the lower courts against James Madison. Marbury vs. Madison was taken straight to the Supreme Court; therefore, it was automatically appealed because there was questions on whether or not the court could grant the writ of mandamus that Marbury …show more content…

Although the constitution was made in order to protect the rights of citizens and to make sure that no one in the government exceeds their power, it does not express thoroughly who has the power to do what. The Judiciary Act was an attempt to define the power of the Supreme Court, but because of the wording it was ruled unconstitutional.Judicial review is the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional. In my opinion Judge John Marshall had a very strong argument. He did everything correctly and legally. He was pretty fair in his ruling and he did as much as he could for William Marbury without violating the law. John Marshall wanted William Marbury to get the position yet, it was out of his hands. He could only do so much. The Supreme Court lives by the constitution and must have original

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John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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James McCulloch an employee of the bank refused to pay the tax, so the case went to the Supreme Court. The Supreme Court held a unanimous vote and they voided the tax on the employees of the bank and they denied the law that was placed. In this case, the Supreme Court felt that they upheld the laws and the constitution and that the states were controlled by the Supreme Court. In the Case Marbury v. Madison, former president John Adams towards the end of his presidency had selected a number of Justices of Peace which were approved by the senate, signed by the president, and closed with the

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The commissions were unable to be writ prior to John Adams leaving office and when President Jefferson took office and ordered acting Secretary of State James Madison to cancel the majority of these judgeships. Effectively giving us Marbury vs. Madison

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Marshall advanced Federalism and the thoughts of the Federalist Party. His powerful decisions molded American government, making the Supreme Court the last judge of Constitutional. During his time

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Marbury v. Madison (1803) Background: John Adams, during the last days of his presidency, in order to ensure federalist interests were represented in the judicial system, appointed as many judges and justices as he could before leaving office. This number was drastically increased by the Judicial Act of 1801 which created an abundance of new positions in the federal court system. This act became know as the Midnight Judges Act, as Adams attempted to process as many nominations as he could before his successor took office at 12:00am March 4th, 1801. Issue(s): William Marbury was nominated by John Adams to serve as a judge in the court system, however, John Marshall, the Secretary of State at the time, failed to process the nomination before

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As Secretary of State, one of their jobs is to deliver the commissions to other people. Adams had about fifty-nine commissions that needed to be handed out and Marshall attempted to finish them in time for Adams’ departure. Since he could not finish delivering all of the notices, he left it for the new secretary, which happened to James Madison. As stated beforehand, Jefferson did not agree with a lot of the choices that Adams had made, so he did not want the new Secretary of State to deliver any of the notices left by Adams. This resulted in Marbury not being appointed and he was not able to begin his term as the justice of the peace.

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He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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On March 3, Adams, in an attempt to prevent the incoming Democratic-Republican Congress and administration, appointed 16 Federalist circuit judges and 42 Federalist justices of the peace to offices created by the Judiciary Act of 1801. There

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At its inception, the Supreme Court was a vague idea created by tired delegates at the Constitutional Convention. Today, the judiciary is arguably the strongest branch in government. The person responsible for the inception of such a strong judicial branch is John Marshall. With his decisions in the Supreme Court, John Marshall used his Constitutional interpretation to grant powerful jurisdiction over the federal government, and to ensure a republic of the people rather than being in complete control of rich white men for the entirety of America. These decisions led Marshall to shape the Supreme Court by his granting of power to match the other branches of government to the modern age.

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In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

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Once the writ of mandamus was delivered to Chief Justice John Marshall, he denied the petition because the “Constitution did not allow the Supreme Court the power to issue writs of mandamus” (Marbury v. Madison 1). This was because the Judiciary Act of 1789 that writs can be issued, however, the section of that act was not consistent with the Constitution. The main points and questions of this case was if William Marbury had a right to this commission, if there is a solution, and if the Supreme Court can issue that “solution.” Although William Marbury had everything in line, the Supreme Court was not not granted power to grant the writ because it is not in their responsibility. However, had william Marbury went to a lower court, he would have

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Marbury v. Madison was heard in 1803 and is considered a landmark United States Supreme Court case which helped the Court form the basis for the exercise of judicial review in the United States under a new article of the Constitution. This was a landmark decision because it helped to define the difference in power between the executive and judicial branches of the American government. It was the first time that a court ruled that they had the power to declare an act of Congress void if it is not consistent with the values of the Constitution. McCulloch v. Maryland was decided by the Supreme Court in 1819, and was known for asserting national supremacy for state action in areas of their constitutionally granted authority.

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Marbury was appointed as Justice of the Peace in the final hours of the Adams administration. Marbury’s commission was not delivered on time. Since the new Secretary of State, James Madison, refused to deliver his commission Marbury petitioned the Supreme Court for a writ of mandamus to force Madison to deliver his appointment. The appointment was signed and sealed by President Adams, but not delivered. Coincidentally, Marshall was the Secretary of State under President Adams, and charged with delivery of Marbury’s commission (Marbury v.

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Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

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Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

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