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The Effects Of The Marbury Vs Madison Case On The Rights

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The Effects of the Marbury vs. Madison Case on the Rights of Americans
The Marbury vs. Madison case had a monumental effect on the government. It was the first United States Supreme Court case where the decision was made (by the US Supreme Court) to declare a law unconstitutional. The reason for the suit occurred on President John Adams’ last night of presidency, commonly called his “midnight appointment,” in which he appointed a Federalist land speculator from Maryland named William Marbury into the office of justice of the peace in Washington D.C.. When James Madison took his office as secretary of state, Marbury’s letter of appointment remained undelivered and Thomas Jefferson had him retain it. Outraged by this, Marbury sued Madison in …show more content…

Madison is important to our nation’s history and the rights of the American people because the case gave the judicial branch the power of judicial review to protect the rights of Americans from unconstitutional laws and legislations. The Marbury vs. Madison case is considered by many to be one of the most significant cases in the history of our nation’s government because of this reason. I personally believe that this is one of the most significant events that contributed to the rights of American citizens because it provides security for these rights in the form of judicial review. The system of checks and balances in our government prevents one branch from having too much power. This branch in the checks and balances system, the judicial branch, scrutinizes the decisions made by the other two branches on order to maintain constitutionality in the government. This power of judicial review, given to the legislative branch, is an important power in preserving the rights of American citizens and the Marbury vs. Madison case is the first case in which this power was used. The Marbury vs. Madison case played a key role in the protection of the individual rights of Americans and it is an incredibly important case to Americans because of these

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NAME OF THE CASE: Marbury v Madison 1803 VOTE: The vote count was 4-0 BASIC FACTS OF THE CASE: In March of 1801, William Marbury (along with many others being appointed to government posts) was appointed to be a Justice of the Peace near the end of Adams administration of the presidency. Being a member of the Federalist Party, John Adams tried to appoint as many Federalists into the cabinet.

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Madison is a case of the Supreme Court of the United States in 1803 that inspired the establishment of Judicial Review. During the presidency of Adams, John Marshall appointed as Justice of the Peace in D.C. However, James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury's appointment papers. Without discrepancy, Marbury directly sued the Supreme Court, and order Madison to deliver the appointment papers. Nevertheless, Chief Justice John Marshall lectures Jefferson that the Court could not grant the writ because Section 13 of the Judiciary Act of 1789 didn’t allow so, although the appointment should have been delivered.

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What was President John Adams goal before he ended his presidency? The Organic Act, this act was perfect it was to ensure that though John Adams was not going to be president anymore he would still have a majority of federalist become dominate and have federalist ideologies pretty much mandate the federal judiciary. He took action and choose forty-two justices of the peace and sixteen circuit court justices for the District of Columbia, but his plan later failed after the documents were not delivered on time and new president Thomas Jefferson choose not to submit the completed documents. William Marbury one of the recipients that was chosen by John Adams, refuse to accept Jefferson’s decision and took matters into his own hands. The facts of the case were vividly sought out, Marbury was to be appointed as justice of peace and his paperwork was completed and ready to be submitted before he could take office.

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In 1803, Thomas Jefferson was President of the United States of America and James Madison was Vice President. In the case Marbury vs. Madison, President Jefferson commanded Madison to fire Judge William Marbury, whom was previously appointed by President John Adams as he was leaving office, along with several other judges. Marbury later sued Madison citing the Judiciary Act of 1798. This act allowed the supreme court to review cases brought against a federal official. William Marbury was a federalist which meant he was in the same political party as Alexander Hamilton and John Adams.

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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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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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The case of Marbury v. Madison gave the final decision on the ability of the Supreme Court to challenge acts of Congress. This ruling in 1803 had not affected how the Supreme Court challenged congressional acts, however, in the nineteenth century, it became more prevalent. Freidman alludes to the possibility that this stems from the political culture of the united states, and our concern for such things as

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The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

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James Madison, founding father and fourth president of United States wrote the federalists paper number 10 in favor of the constitution. He believes that constitution is the only way to keep balance and control any problem this country faces. He uses faction as an example and talks about how it can cause problems but most importantly how to deal with the problems. He defines faction as groups of people who came together to promote their own interests and opinions. He said that these groups take advantage of the public and violate their rights.

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The Supreme Court also helped define the nation in a way. The establishment of the Judicial, which was caused by Marbury v Madison. Marbury v Madison is a case by the U.S Supreme Court. This case enabled the exercise judicial review in the U.S. For example say congress wanted to pass a law,

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Madison thought that the government needed a better form of money income for the government, so he had created the system of checks and balances. Checks and balances are designed so that the power in the government is separated between different branches specifically designed so that one branch does not have too much power over other forms of government and the people. He had made it so that the constitution specifically states what powers each branch has, this way the branches are unable to take too much power and overcome the government. Having the checks and balances gives each department their own field so that others don’t impinge on their decisions creating conflict in the governmental

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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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The Constitution is still relevant today because it separates the power each branch of government has in the United States. The separation of powers serves several purposes. The separation prevents concentration of power, seen as the form of tyranny, and provides each branch with weapons to fight off encroachment by the other two branches. As argued by James Madison in the Federalist Papers (No. 51), "Ambition must be made to counteract ambition."

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The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment

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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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