Marbury Vs Madison Case

Marbury v. Madison The most important trial in the history of the United States is the case of Marbury v. Madison, in which judge John Marshall that stated the Supreme Court of the United States and the other five judges of this Court decided that they had the power to review laws made by the representatives of the population and of the States in the Congress of the union, and they also had the power to nullify these laws if in his opinion were contrary to the Constitution. The Supreme Court is the only court established by the Constitution of the United States; all the others have been created by Congress. Furthermore, The Court possesses the power of judicial review and the power of declare unconstitutional federal or State laws and

When Thomas Jefferson won the election of 1800, the federalist President Adams proceeded to quickly fill vacancies in the judiciary with members of his own party that could be judge of lifetime if they had a good behavior. In response, the Republicans of Jefferson repealed the Judiciary Act of 1800. Although the President Adams tried of cover them vacant before the end of his mandate, a series of commissions had not been expressed. Therefore, when Jefferson became president, he refused to honor the appointments of last hour of President John Adams. As a result, William Marbury, one of those named demanded James Madison, the new Secretary of State, and asked the Supreme Court to order the delivery of his Commission as a Justice of the peace. The new president of the Supreme Court John Marshall understands that if the Supreme Court of Justice emits a writ of mandamus (i.e., an order to force Madison to deliver the Commission), the administration of Jefferson could ignore such order and therefore would significantly weaken the seven authorities of the courts. On the other hand, if the Court rejected the appeal, it would seem that the judges had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. In contrast, Marshall found a common

Madison is probably the most famous case of modern constitutionalism. All manuals of constitutional law of the United States begins with its exhibition to explain the meaning of the Constitution of this country. However, the interest of the case goes more beyond of the American constitutionalism and settles in the discussion about the place that people must give to the Constitution within the system legal. Moreover, the case Marbury does not refer, as it might seem to a matter of fundamental rights, but rather to one of the possible ways to ensure and enforce the Constitution. In other words, Marbury is a matter of general theory of the Constitution (constitutional supremacy) and theory of Constitutional Procedural Law (the role of judges under the unconstitutional