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Marbury Vs Madison Case In 1803

775 Words4 Pages

Jessica Goodier
CJUS 101
Kyung Jhi
6 November 2014 The Marbury versus Madison case in 1803 is one of the first Supreme Court cases to apply the judicial review rule. Judicial review is a document in which legislative and executive actions are sent to review the judiciary. This principle was written by Chief Justice John Marshall in 1803. His decision led the Supreme Court become a separated branch in the government. There were disputes between Thomas Jefferson, who was a Republic, and John Adam, a Federalists once Jefferson beat Adams in the election of 1801. President John Adams, in an attempt to keep Federalist in control, appointed about forty justices of the peace and sixteen other judges. He wanted to try and keep the Federalists in …show more content…

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. Marbury filed a lawsuit, which resulted in a writ of mandamus. A writ of mandamus is “judicial remedy in the form of an order from a superior court” (Google.com). This ended in John Marshall having to force James Madison to deliver Marbury’s …show more content…

It was active when President John Adams had signed the document giving him his right to be the justice of the peace. The document had the seal of the President, which makes it legal in any case. Written in the law, Marbury is granted a remedy. His right to this position should be respected and granted to him. The government should have offered him protection in this position, but the Republicans disregarded all of that only because they did not want the Federalists to have power. John Marshall was a Federalist and should have taken Marbury’s side of the case, but it did not happen. Instead, he feared that the Court would be chastised for giving Marbury the commission. He did not want his authority to be ignored by the Republican Party if he did grant the document to be pushed through. He also feared that people might think that the court acted out in fear of the government. Marshall was in a dilemma all on his own with trying to make the right

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