ipl-logo

Essay On Marbury Vs Madison Case

749 Words3 Pages
bulb-icon

Recommended: Marbury v. madison, 5 u.s. 137 (1803) brief case summary

In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.
To understand the case Marbury v. Madison, one must first understand the series of events that led up to it. In 1801, John Adams decided to write last …show more content…

In the United States, there will be a Supreme Court and subsequently smaller courts in every state. In original jurisdiction, the Court is able to issue a writ of mandamus based on the Constitution, which is what Marbury aimed to get by bringing the case directly to the Supreme Court instead of through appeals. According to the Court, Marbury had a right to his claim. Regardless of whether or not it was delivered, the commission was properly signed, stamped, and sealed. Former president Adams had fulfilled the proper steps in appointing a judge, making Marbury’s position official. Because the Secretary of State was unfairly holding the commission from him, “the law must afford him a remedy.” The problem was that issuing a writ of mandamus was unconstitutional in this case. Original jurisdiction, which was when the Supreme Court takes and rules a case that hasn’t been through appeals, “applied only to cases ‘affecting ambassadors, other public ministers and consuls’ and to cases ‘in which the state shall be party.’” Although Section 13 of the Judiciary Act gave the Court the ability to write a writ of mandamus, it was after consultation with the Constitution that they realized that the power granted was unconstitutional. In Article III of the Constitution, it said that the Supreme Court has power over cases “...with such exceptions and under such regulations as Congress shall make.” For the Judiciary Act, written by Congress in 1789, to allow the Court’s power be extended to cases like the Marbury v. Madison case would mean that the Supreme Court overstepped their boundaries. It was then that Chief of Justice Marshall suggested judicial review, which is when an act of Congress is examined and revised as needed to correlate with the Constitution. Though Marshall admitted that Marbury deserved a writ of mandamus, the Court was unable to give him one in this situation because

Show More
Related

XYZ Affair: Events Surrounding The French Revolution

784 Words | 4 Pages

59. Marbury v. Madison is the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" the power of federal courts to void acts of Congress in conflict with the Constitution. The facts surrounding Marbury were complicated. In the election of 1800, the newly organized Democratic - Republican Party of Thomas Jefferson defeated the Federalist party of John Adams, creating an atmosphere of political panic for the lame duck Federalists. 60.

Read More

Analytical Essay 80 Of The Federalist Papers By Alexander Hamilton

524 Words | 3 Pages

James Madison who was one of the author states that the Federal judiciary should decide cases base on the relation of federal laws, the U.S. Constitution, the U.S. government as a party in the case, affect the “peace of the

Read More

Compare And Contrast Marbury Vs Madison

530 Words | 3 Pages

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

Read More

How Did John Adams End His Presidency?

573 Words | 3 Pages

Not letting anytime past, Marbury went ahead and applied for a writ of mandamus to refute Jefferson’s decision. Marbury irritated and impatient went straight to the Supreme Court of the United States in effort to gain his well-earned position in government.

Read More

What Are The Implications Of The Marbury Vs Madison Case Brief

582 Words | 3 Pages

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.

Read More

How Did John Marshall Impact On American History

646 Words | 3 Pages

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.

Read More

John Adams Discussion Of Section 2 Of The Constitution

841 Words | 4 Pages

He stated that the Constitution did not give the Supreme Court the authority to issue writs of mandamus, arguing that Section 13 of the act was inconsistent with Article III, Section 2 of the Constitution which granted the right to do so. As a result of the decision of this case, by Marshall’s assertion of Judicial Review, the Court began its promotion as an equal branch of government, equal in power to the President and Congress. In the first instance, President Adams appointed certain number of justices of peace for the District of Columbia.

Read More

Constitutional Dbq Essay

1227 Words | 5 Pages

On account of Marbury v. Madison, the Supreme Court decided that they didn't have the ability to constrain President Jefferson to convey the commissions that he had solicited Secretary from State James Madison to not convey to the "midnight judges" designated by John Adams just before his term as president finished. Despite the fact that the Judiciary Act of 1789 gave the Supreme Court the ability to issue writs of mandamus, Article III of the Constitution did not permit the Supreme Court. By settling on this choice, the Supreme Court initially showed its energy of legal audit; to upset a government demonstration since they trust it is illegal. Some would contend that the force of legal audit makes the legal branch too capable, while others

Read More

How Did John Marshall Have The Power Of The Supreme Court

1165 Words | 5 Pages

He concluded it did not. The Court having also found that the Judicial Act of 1789 was unconstitutional and therefore null and void. Marshall was refusing to have the Court enter into a political issue on “the grounds that Congress could not constitutionally grant to the Court powers not authorized by the Constitution.” Thus this case established Judicial

Read More

Marbury Vs Madison Case Summary

556 Words | 3 Pages

So Marshall denied the petition and refused to issue the writ. In section 13 of the Judiciary Act of 1789 it notes that writs can indeed be issued, but that particular section of the act was not consistent with the Constitution, making it invalid. I believe that John Marshall implemented this final decision because it was first of all highly appropriate, as well as it more or less was a good solution for both parties. Yes, Marbury deserved to have his commission but the lawsuit was not necessarily an appropriate way to go about receiving it. Marshall knew that if he were going to protect the power of the Supreme Court then he would have to declare the act

Read More

Examples Of Marbury Vs Madison

579 Words | 3 Pages

However, there are a couple of people that were involved in the case besides William Marbury and president John Adams. For instance, the Supreme Court Justice who took the case, and ultimately decided the ruling, was Chief Justice John Marshall who, writing for a unanimous court, denied the petition and refused to issue the writ of mandamus that William Marbury and three other similarly situated appointees, delivered to Chief Justice John Marshall. One other person who was included in this court case was the new President who replaced John Adams on March 4, 1801, Thomas Jefferson. He was included in the case because he had ordered that the four remaining commissions be

Read More

Marbury Vs Madison 1803

157 Words | 1 Pages

Marbury v. Madison is important in the American political system. Back in 1803, Chief Justice John Marshall wrote the majority opinion. Marshall supported a strong national government. He ruled that the Court could not order Madison to give Marbury the commission because the Judiciary Act of 1789. This marked as the first time the Supreme Court declared that a law passed

Read More

Accomplishments Of John Marshall

1130 Words | 5 Pages

After gaining a seat in the Supreme Court and the case of Marbury versus Madison, Marshall created another segments of the court that revises actions of the executive and legislative branch, the judicial review. Because of the Judicial Review, the Supreme Court has the authority to have the final verdict on court cases and to rule something as unconstitutional. Before John Marshall, the judicial branch was not as strong as the other two branches, but with his intervention all branches were able to reach equality. The citizens during the time period had a higher probability to have a fair verdict without corruption and citizens, today, continue to have that liberty. Since, the Marbury versus Madison case, the courts continue to use it as a foundation of how the Supreme Court functions to avoid any unfairness or abuse of power.

Read More

Marbury Vs Madison

186 Words | 1 Pages

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.

Read More

Why The Judicial Branch Is The Most Powerful

478 Words | 2 Pages

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.

Read More

More about Essay On Marbury Vs Madison Case

Related Topics

Open Document