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Case Brief Of Marbury Vs Madison Case

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Facts of the Case: (Approximately 200 words)
The case to place on March 2, 1801, when William Marbury was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government post created by Congrees during the end of John Adam’s term as President. President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. Since it was at the end in Adam’s presidency the appointments were never finalized. Since they were not finalized Thomas Jefferson refused to honor the commissions, claiming …show more content…

Madison case. The first issue was questioning if Marbury has a right to the commission. Considering that it was attempt to save the Federalists posistion is the government it was very important to question Marbury’s right to the position appointed to him. The second issue was questioning if law granted Marbury a remedy. A remedy “is the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.” (legal-dictionary.thefreedictionary.com). The third issue questioned if the Supreme Court has the authority to review acts of Congress and determine whetehr they are unconstitutional and therfore void. The fourth issue evaluated if Congress can expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution? Article III is broken down into three sections. The first states that the power to interpret the law of the United States will be held by the U.S. Supreme Court, and the lower federal courts. The second describes the jurisdiction of the federal courts. The third deals with the crime of treason, first by giving us a definition of the crime, then by telling us how the crime will be tried. The big focus on Article III as mentioned before for the fourth issue is the “jurisdiction” and how it applies to Supreme Court. The fifth and final issue is if the Supreme Court has original jurisdiction to issue writs of mandamus?

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